Were you arrested on a weapons charge in Redwood City, CA? The consequences of a conviction can be serious, and it’s important that you have a strong advocate on your side to present your best possible defense. That’s what Ahmed & Sukaram, DUI and Criminal Defense Attorneys can do for you.
Our Redwood City weapons charges lawyers have over 30 years of combined experience. In that time, we’ve won thousands of cases and have successfully defended 50 cases at trial. Let us put that expertise and experience to work for you today. Give us a call at (650) 299-0500 or click here to contact us online. We offer a free consultation to go over your case.
How Ahmed & Sukaram, DUI and Criminal Defense Attorneys Can Help After a Weapons Charges Arrest
It can be overwhelming when facing a weapons charge in Redwood City, California. But when you choose Ahmed & Sukaram, DUI and Criminal Defense Attorneys to defend you, you can rest assured that we’ll do everything in our power to protect your rights and interests.
Our Redwood City criminal defense attorneys include a California State Bar Certified Specialist in Criminal Law. Lawyers on our team have also been recognized by outstanding legal organizations such as Super Lawyers and National Trial Lawyers. When you choose us to represent you in your weapons charges case, we will:
- Negotiate on your behalf with the prosecution, aiming to have your charges reduced or dropped
- Conduct an internal investigation to gather evidence in support of your case
- Go over your legal options every step of the way
- Defend your rights at trial if necessary
- Interview witnesses to potentially help your case
These are just a few ways we can help you fight your weapons charges. If you’re ready to get started, give us a call or contact us today for more information. Setting up a free, no-obligation consultation is your next step.
California Laws Pertaining To Weapons Charges
Part 6 of the California Penal Code contains most of the state’s laws related to weapons charges. Here, we’ll focus on some of the most important. These include the laws regarding manufacturing, selling, or possessing a dangerous weapon; negligent discharge of a firearm; and assault with a deadly weapon.
Manufacturing, Selling or Possessing a Dangerous Weapon
California Penal Code Section 16590 provides a list of weapons that are considered dangerous. Some of the weapons listed include:
- Air gauge knives
- Certain kinds of ammunition
- Ballistic knives
- An unconventional pistol
- Metal knuckles
- A concealed explosive substance
- A short-barreled rifle or shotgun
- Large-capacity magazines
- Zip guns
- Undetectable firearms
- Shurikens
- Blackjacks
As you can see, what California considers a dangerous weapon goes far beyond a standard handgun or knife. It is a crime to manufacture, sell, or possess any weapon listed under this section of the Penal Code.
In order to convict you of this charge, the prosecution must prove the following beyond a reasonable doubt:
- You sold, possessed, or manufactured
- A listed weapon
- You did so knowingly
- You did not have a lawful reason to have the weapon
Each of these elements can be at issue in a case. The Redwood City weapons charges attorneys with Ahmed & Sukaram, DUI and Criminal Defense Attorneys are adept at crafting arguments that contend these elements.
Negligent Discharge of a Firearm
Negligent discharge of a firearm is illegal under California Penal Code Section 246.3. Under this section, the prosecution must prove beyond a reasonable doubt that:
- You willfully discharged the firearm
- You were acting in a grossly negligent manner
- The discharge could have resulted in injury or death
Even though you can’t be convicted of this charge if you accidentally discharged the firearm, you can still be convicted even if nobody was hurt. That’s why this can be a tricky charge to deal with.
You’ll greatly benefit from an experienced Redwood City weapons charges lawyer if you’re facing this charge.
Assault With a Deadly Weapon
Assault with a deadly weapon is covered by California Penal Code Section 245. This serious offense can carry significant penalties, depending on the circumstances.
This section of the Penal Code covers various crimes depending on the type of weapon involved. For instance, 245(a)(1) covers instances of assault with a deadly weapon or instrument other than a firearm, while 245(a)(3) covers assault with a machine gun.
In order for the prosecution to convict you under the charges covered by the section of the Penal Code, they will have to prove beyond a reasonable doubt that:
- Your act would likely result in the direct application of force
- That act was committed with a deadly weapon, or the act would likely produce great bodily injury
- You committed the act willfully
- You reasonably knew that your act would lead a reasonable person to conclude that your act would result in the application of force to another person
Depending on which part of 245 PC you are charged under, some of these elements may or may not apply.
These elements are usually highly contested, especially considering you can be convicted of this charge without actually having a deadly weapon in your possession. It is enough that your actions simply were likely to cause great bodily injury.
Further, you can be convicted of this crime even if nobody ends up seriously hurt. It is enough that you used a deadly weapon or used enough force to possibly cause great bodily injury. If someone does end up suffering an injury, you could be charged with battery instead. Battery is covered under California Penal Code Section 242.
Contact us as soon as you can if you are facing this charge; it’s not one you want to face on your own. We can help you put forth the best possible defense.
Penalties for Weapons Charges in Redwood City
The penalties for weapons charges in Redwood City can vary widely in severity. Some weapons-related offenses can be charged as misdemeanors; others can be charged as felonies. Others are considered “wobbler” offenses, meaning they can be charged as either a misdemeanor or a felony.
Many of these charges can be charged as “aggravated,” which means they could carry enhanced penalties. And yet still, some can count against California’s “three strikes” law if you have a prior conviction.
In general, a misdemeanor conviction can result in the following penalties:
- Summary probation
- Up to a year in jail
- A $1,000 fine
A felony conviction can result in penalties such as:
- Formal probation
- Jail time ranging from 16 months to 12 years
- Fines up to $10,000
There are also collateral consequences for a weapons charge conviction, meaning consequences aside from those directly assessed by the court. Examples include:
- A criminal record, which can make it more difficult to find housing or obtain employment
- Issues with child custody or visitation
- Immigration issues and possibly deportation
When you’re facing consequences and penalties as serious as these, it’s imperative that you hire a reputable Redwood City weapons charges lawyer who knows how to fight back against all that you’re up against. Contact Ahmed & Sukaram, DUI and Criminal Defense Attorneys today to see what we can do for you.
Available Defenses for Weapons Charges in California
Many avenues of defense are available when facing a weapons charge in Redwood City, California. The appropriate defense for your case will hinge on its specific facts and circumstances. In general, examples of defenses you might be able to assert include:
- You acted in self-defense
- You acted under duress
- Your conduct presented no risk of harm to another person
- You believed the firearm you discharged was not loaded (therefore, you did not willfully discharge a loaded gun)
- You were falsely accused
Our lawyers have successfully defended more than 3,000 cases involving criminal charges since they began practicing law. As a result, we know what it takes to produce a persuasive defense that paints your actions in the best possible light. Call our Redwood City weapons charges attorneys today for assistance with your case.
Contact Our Redwood City Weapons Charges Attorneys for Help
The uncertainty surrounding a Redwood City weapons charge can be daunting, especially when there is so much at stake. One of the best steps you can take to combat this uncertainty – and to combat the charges you’re facing – is to hire an experienced Redwood City weapons charges attorney.
Our lawyers’ mission is to provide their clients with the best possible legal representation. We aim to cover your defense from all angles and leave no stone unturned when protecting your rights. We strongly believe that everyone deserves the chance to have their day in court and to defend themselves to the best of their ability. Otherwise, the validity of the legal system is in question.
Contact Ahmed & Sukaram, DUI and Criminal Defense Attorneys today to begin crafting your defense. We’re available 24/7 to take your call and offer a free, no-obligation consultation to review your situation.
You can also contact a weapons charges attorney in San Jose.