Getting arrested for carrying a concealed weapon in San Jose, California, can turn a defendant’s life upside down. You may feel anxious about what happens next and unsure of your rights. California’s gun laws are strict, and law enforcement takes allegations of illegal carry very seriously. Suddenly, you could be facing criminal charges, steep fines, and the risk of losing your right to possess firearms.
That’s why it’s so important to have a defense attorney in your corner who understands both the system and the reality people face in court. If you need help in San Jose, Ahmed & Sukaram, Criminal Defense Attorneys, can help.
Schedule a consultation with a San Jose carrying a concealed weapon lawyer today at (408) 217-8818.
Why Hire Ahmed & Sukaram Criminal Defense Attorneys If You’re Arrested for Carrying a Concealed Weapon in San Jose, CA?
When you’re facing charges for carrying a concealed weapon in San Jose, CA, your choice of defense lawyer matters more than you might think. The legal system can feel stacked against you, but you don’t have to navigate it on your own. At Ahmed & Sukaram, Criminal Defense Attorneys, we bring decades of focused experience to the table and put everything we have into protecting our clients.
Here’s why clients continue to choose our San Jose criminal defense lawyers:
- 30 years of combined experience handling complex criminal cases
- A member of our team is certified by the State Bar of California as a Specialist in Criminal Law
- Named among the National Trial Lawyers Top 100
- Named among the American Society of Legal Advocates – Top 40 Under 40
- Members of the California Public Defender’s Association, California Attorneys for Criminal Justice, and the San Mateo County Bar Association
Every case gets careful attention from our team because we understand how stressful it is when your future is on the line. Call Ahmed & Sukaram, Criminal Defense Attorneys, to schedule a consultation with a San Jose carrying a concealed weapon attorney.
Overview of Carrying a Concealed Weapon in California
Carrying a concealed weapon in California is against the law under Penal Code 25400 PC. This law makes it illegal to hide a firearm either on your body or inside a car.
This law covers handguns, pistols, revolvers, rifles, shotguns, and short-barreled firearms. However, it generally does not apply to BB guns or pellet guns.
The weapon does not have to be able to fire; an inoperable gun is still treated the same way as a working one under this statute.
What Are the Penalties for Carrying a Concealed Weapon in San Jose?
Getting caught with a concealed firearm in California can bring heavy consequences, especially since the state treats this crime as a “wobbler.” That means it can be charged as either a misdemeanor or a felony, depending on the facts of your case.
Misdemeanor Penalties
If it’s a misdemeanor, you may face up to one year in county jail and a fine of $1,000.
Felony Penalties
You could face felony charges if you have a previous offense involving violence, property crimes, drugs, or if you are caught with a loaded or easily loadable gun that isn’t registered to you.
If convicted of a felony for carrying a concealed weapon, you may be facing 16 months, 2 years, or 3 years in jail, and a fine of up to $10,000.
Additional Jail Time for Prior Convictions:
If you have a previous felony or have already been convicted of a gun-related charge, state law requires at least three months in jail as punishment unless a judge makes an exception “in the interests of justice.”
Because the potential penalties are so severe, it’s incredibly important to speak with a criminal defense lawyer as soon as possible.
What Defenses Can Be Raised If I’m Arrested for Carrying a Concealed Weapon in California?
Getting arrested for carrying a concealed weapon doesn’t always mean you’ll be convicted. There are several defenses your lawyer can use, depending on what actually happened and how the police found the gun.
Possible defenses include:
- You didn’t know the weapon was there: If you had no idea a firearm was in your car or bag, you may not be legally responsible.
- The weapon was not completely concealed: There may be circumstances where if any part of the weapon was clearly visible, it might not meet the legal definition of “concealed.”
- You had a valid concealed carry permit or license: If you have a lawful CCW and were not in a restricted area, this may be a solid defense.
- Illegal search and seizure: If the police found the gun during a traffic stop or arrest without following proper procedure, your lawyer can file a motion to suppress. If the motion is granted, the evidence may be thrown out.
Whether a defense applies will depend on the details of your situation. Speaking with an experienced San Jose criminal defense attorney is the best way to find out what options are available for your charges.
If you are facing a gun charge, it can affect so many aspects of your life, from your ability to work to finding safe housing for you and your family – not to mention the possibility of jail or prison time. Make sure you speak with a lawyer who has experience with these cases – a single mistake can carry serious, lasting consequences.
Our team has significant experience with gun charges and will do everything possible to defend you from start to finish. Contact Ahmed & Sukaram, Criminal Defense Attorneys, today to schedule a case consultation with a San Jose carrying a concealed weapon attorney.