The state enforces some of the toughest gun restrictions in the United States, and it is crucial for every resident to understand the limitations they face when it comes to exercising their Second Amendment rights in Los Angeles. Not only are the state’s gun laws vastly more restrictive than most other states, but the penalties for violating these laws also are severe, and the use of a firearm while committing any other criminal offense will almost always lead to additional charges and significantly increased penalties for the defendant upon conviction.
If you or a loved one is charged with any weapons-related criminal offense in the Los Angeles area, it is crucial to secure criminal defense representation from an attorney you can trust as soon as possible after your arrest. Finding the right attorney as swiftly as possible will significantly improve your chances of reaching a favorable outcome for your case. If you did not commit the offense in question, your Los Angeles firearms crimes defense attorney could help you clear your name, and if you did commit the offense in question, they could help you minimize your penalties.
When police in Los Angeles arrest a person for a firearms-related offense or for using a firearm while committing another crime, the police are required to read the suspect their Miranda rights as they place them under arrest and take them into custody. The officer will remind the suspect they have the right to remain silent and that anything they say while in police custody could be used against them in court. If you find yourself in this situation, it is vital to pay very close attention to your Miranda rights and exercise those rights to the letter.
When you are placed under arrest, assume that anything you say will be recorded word-for-word in the report of your arrest. It’s possible for seemingly innocuous statements to be misconstrued in the worst possible light, sometimes appearing as though you had admitted fault for the offense when you never intended to do so. Once the police inform you that you are under arrest, remain silent while you politely comply with their directions as they take you into custody. Attempting to resist in any way can easily lead to additional charges and a significantly increased penalty if you are convicted.
Once you have completed the arrest and booking process, you can exercise your right to legal counsel and contact an attorney. An experienced Los Angeles firearms crimes defense attorney can provide responsive and detail-oriented defense representation and assist you in determining the best defenses available to you in your situation. The attorneys at Gibbons & Gibbons have years of criminal defense experience in Los Angeles, and we know how local prosecutors handle firearms cases. We can review the details of your case and help you formulate the strongest defense possible.
Some people are prohibited from purchasing, possessing, or using firearms, such as convicted felons released on parole and certain defendants on conditional probation. If you lose your right to possess firearms in the state for any reason and later violate your restriction, this will likely lead to incarceration, among other penalties depending on the specific details of the case. Many firearms-related criminal cases in Los Angeles actually focus on other criminal charges for assault or property-related crimes, but when defendants use firearms when committing these crimes, they automatically qualify for much harsher sentencing.
A conviction for any firearms-related offense in the state can lead to heavy fines, jail time in county jail for a misdemeanor or time in state prison for a felony, loss of the right to bear arms, and various other penalties assigned at the discretion of the judge. Once a defendant completes the initial part of their sentence, they are likely to face an extended probationary period during which any criminal offense could easily lead to a subsequent conviction. Under California’s Three Strikes Law, anyone convicted of three felonies could automatically qualify for 25 years to life in state prison.
When you choose Gibbons & Gibbons to represent you in a criminal case involving any firearms-related charge, our team will immediately get to work reviewing the details of your arrest and booking. In the event the police lacked probable cause to conduct your arrest, violated due process in any way, or committed any violation against your civil or constitutional rights, these issues need to be brought to the attention of the court immediately. In some cases, police misconduct can lead to a case dismissal, but it is never wise to assume this will happen in your case.
If you did not commit the offense in question, your Los Angeles firearms crimes defense attorney is likely to focus on establishing your alibi. You may need to prove that you were not at the location of the incident in question or that you were the victim of mistaken identity. It is also possible that you may need to establish self-defense. For example, California upholds a Castle Doctrine, which states that you have no duty to retreat and have the right to use deadly force to defend yourself if someone invades your home and presents an imminent threat of harm. If you hold a state-issued concealed weapons permit and must use your concealed firearm to defend yourself, it may be difficult for you to prove your use of lethal force was justified in the circumstances in question.
Ultimately, the penalties for any firearms-related offense can be severe, negatively impacting your life in various ways for years to come. It’s vital to have defense representation you can trust in this situation, and a good defense attorney can offer invaluable support and guidance during what is sure to be a very difficult time. If you or a loved one is charged with any firearms-related offense, including the use of a firearm while committing another crime, our team can provide your defense counsel. Contact us today and schedule your consultation with an experienced Los Angeles firearms crimes defense attorney.