Firearms Offenses in Orange County

Firearms Offenses in Orange County
Posted on: September 9th, 2014 by Daniel Grupenhagen No Comments

What is Firearms Offenses in Orange County and what am I facing as a penalty?

There are many criminal charges that can be brought against someone for having deadly weapons or firearms offenses in Orange County.  A concealed weapons charge, for example, is viewed as a very serious offense.  Especially when concealing in a vehicle.  The Penal Code has a multitude of laws beginning at section 12001.  The judges and the District Attorney don’t will seek to punish you severely if you plead guilty or are found guilty in Orange County.  Which is why a local, experience attorney dedicated to defending you zealously should be representing you throughout the case, and is why we have a contact section in the side bar of this page.

Other Potential Gun Crimes:

“Brandishing” a firearm or deadly weapon is the act of drawing or exhibiting a weapon in a rude or threatening manner.  It is listed in the Penal Code at section 417.  Every person who, except in self-defense, in the presence of any other person, draws or exhibits any deadly weapon whatsoever, other than a firearm . . . . is guilty of a misdemeanor.  Simply showing a ** requires a 90 day minimum jail sentence.  If this conduct occurs in the presence of a police officer, the punishment can include prison time, in the worst case scenario, the police have guns and are trained to use deadly force against you.

Carrying a weapon that is concealed in your vehicle can be charged as either a misdemeanor or a felony.  Carrying a loaded, concealed weapon is a felony and rarely a misdemeanor.  A person is guilty of carrying a loaded gun when the person carries a loaded weapon on his person or in a vehicle while in any public place.  Even if you have a CCW permit, you can be charged with a criminal case under certain circumstances.

Discharging a weapon is another offense that is prohibited in California.  Grossly Negligent Discharge can be a strike offense or a misdemeanor.  Read more at PC 243.6.  Whether you are being careful or not, the police aren’t going to be listening to your explanation when they get a call and come out to investigate.  This is also a lesser included offense of other crimes, like shooting at an inhabited dwelling, or more serious crimes involving injury.

I have a 2nd Amendment right, I don’t need a lawyer for firearm offenses in Orange County

There are a multitude of various charges relating to weapons offenses that exist depending on the person who is possessing it, whether it is loaded or unloaded, concealed or not, what manner it is exhibited, and the type of weapon involved.  Just like the case of a search of your car, there are many exceptions to the 4th amendment “search” clause.  All of the gun crimes are an exception to the 2nd Amendment.  We have only scratched the surface in this article.  This means it is imperative that you consult an attorney to help with your case, with the ability to discuss all the specific facts and legal issues relevant to your matter.

Mr. Grupenhagen has handled many weapons offenses cases, from failing to register assault rifles, to felons and gang members with weapons.  Call or contact our office immediately, or read more, for a quick case evaluation if you or someone you know is charged or has been arrested.

 

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