San Jose Weapons Charges Lawyer
Were you arrested on a weapons charge in San Jose, CA? You know California takes gun and weapons offenses seriously. This state already has some of the most restrictive gun laws in the country, and they’re getting stricter all the time.
Whether you’re accused of possessing a prohibited weapon, using a weapon during the commission of an assault, or carrying a concealed weapon, you could be facing jail time and steep fines. You need to act fast.
Since 2005, Ahmed & Sukaram, Attorneys at Law has been standing up for the rights of those accused of crimes in Santa Clara County and throughout the Bay Area. We use our more than three decades of legal experience to help clients avoid severe penalties when facing weapons charges and other crimes. We’ve achieved successful outcomes in more than 3,000 criminal cases. And we’re ready to get started fighting for you today. We’re conveniently located in San Jose, California, so call now at (408) 217-8818 for a free and confidential consultation.
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How Can Ahmed & Sukaram, Attorneys at Law Help With a Weapons Charge in San Jose?
When you’re charged with a weapons crime, you need an experienced attorney who can immediately get to work building a successful strategy for your defense. Our San Jose weapons charges lawyers stay up-to-date on all the latest changes to the laws, and we are always prepared to come to your defense. Our team boasts a Criminal Law Specialist certified by the CA State Bar and a nationally published criminal defense author. We know the justice system inside and out.
When you hire our San Jose criminal defense attorneys, we’ll:
- Review the evidence and look for procedural flaws and substantive weaknesses
- Interview witnesses to detect inconsistencies or to secure testimony that could bolster your defense
- Have early discussions with the district attorney to head off charges before they are filed, if possible
- Keep you informed about the developments in your case and any changes to our strategy
- Send a seasoned criminal trial lawyer to defend you in court, if the district attorney isn’t agreeable to a favorable plea deal
Numerous state and national organizations have recognized us for our professional accomplishments, integrity, and client service, including Super Lawyers, the American Society of Legal Advocates Top 40 Under 40, and National Trial Lawyers Top 100. Your future is at stake, and you deserve representation from our top-rated legal team. Call now for your free case evaluation.
What Are Weapons Charges in California?
There are numerous possible weapons-related charges in California. Some laws pertain specifically to firearms, but others apply to guns, knives, ammunition, and other items that can be considered deadly weapons.
Some weapons are considered inherently dangerous, and they are prohibited completely under California Penal Code Section 16590.
There’s a long list of dangerous weapons under 16590 PC, but a few examples are:
- Brass knuckles
- Multi-burst trigger activator (bump stocks)
- Cane gun
- Short-barreled rifle or short-barreled shotgun
- Undetectable firearms (ghost guns)
- Large-capacity magazine
- Bullet containing an explosive agent
- Ballistic knife
It is illegal to do any of the following with regard to dangerous weapons under California law:
- Manufacture or cause to be manufactured
- Import into California
- Keep, offer, or expose for sale
- Give, lend, buy, or receive
Additional weapons charges in California could include:
- Possession of a weapon in public buildings and meetings
- Possessing a weapon in a public transit facility
- Possessing, manufacturing, or acquiring a weapon of mass destruction
- Possessing certain weapons on school grounds
- Possessing or manufacturing weapons in a penal institution
- Possession of a deadly weapon with intent to assault
- Possession of a weapon at an airport
- Assault with a deadly weapon
- Brandishing a weapon
- Carrying a concealed weapon
- Possession of an assault weapon
Weapons charges may also be added to charges for other crimes, such as robbery, domestic violence, sexual assault, and kidnapping. No matter how serious the charges are against you, we are ready to fight to keep you out of jail.
What Is the Burden of Proof for Weapons Charges in California?
To convict you, the state must prove all of the elements of the crime beyond a reasonable doubt. To convict you for a dangerous weapons charge under 16590 PC, they must prove that you:
- Manufactured or caused to be manufactured;
- Imported into California;
- Kept for sale, offered, or exposed for sale; OR
- Gave, lent, bought, or received a dangerous weapon; AND that you
- Knew the object was a weapon or that it could be used as a weapon (even if you didn’t intend to use it that way)
Through our investigation, we may uncover additional facts that weaken the district attorney’s evidence. Without key evidence, they’re unable to meet their burden of proof. Aggressive district attorneys who like to tack on charges they can’t support are met with our equally aggressive defense strategy. We hold their feet to the fire and do not make anything easy for them.
What Are the Penalties for Weapons Charges in California?
Many weapons crimes can be charged as a misdemeanor or a felony, depending on the circumstances. Keep in mind that if you are accused of having multiple weapons, each weapon will be a separate count.
If you’re convicted of a misdemeanor under 16590 PC, you face:
- Up to one year in county jail
- A maximum $1,000 fine
If you’re convicted of a felony charge, you could be sentenced to:
- A maximum of three years in state prison
- Up to $10,000 in fines
Several factors could affect how your crime is charged or the resulting sentence if you’re convicted, like:
- Your prior criminal history
- Whether you used the weapon to commit a separate alleged crime, and the nature of that crime
- Whether the alleged crime was related to gang activity
- Whether you were manufacturing, distributing, or just possessing a dangerous weapon
- The number of weapons involved
Conviction of a felony offense and even some misdemeanor offenses related to weapons charges can cost you your right to own a firearm for life.
Other Consequences of Being Convicted of a Weapons Charge in California
Any criminal conviction could affect your personal life, even if it’s just your reputation and good name. But most criminal convictions could have far worse consequences, such as:
- Affect your ability to spend time with your children
- Force you to surrender your firearm
- Take away your right to vote
- Affect your finances
- Hinder your ability to get or keep a job
A weapons charge does not have to ruin your life. We get to work right away as soon as you call us so that you have the best possible chance of a favorable outcome.
What Are Defenses to Weapons Charges?
As with other crimes, there are many possible defenses to weapons charges.
Some potential defenses may be related to the substantive elements of the crime, such as:
- You did not possess, manufacture, or sell the weapon
- The weapon in question was not prohibited by law
- You had a valid permit or otherwise had a justifiable reason to possess the weapon
- You had no knowledge of the prohibited weapon
Other defenses may relate to the procedural aspects of your case. If the police violated your Constitutional rights or otherwise committed misconduct, it’s possible your whole case could get thrown out.
These defenses could include things like:
- The weapon was seized during an illegal search and seizure (violation of the 4th Amendment)
- The evidence was placed in your possession by law enforcement
- Police questioned you without advising you of your right to have an attorney present during questioning (violation of your Miranda rights)
Evidence that was collected illegally is not admissible. Sometimes illegally obtained evidence is the crux of the prosecution’s case. If we are successful in getting evidence suppressed, the prosecutor may have no choice but to drop all charges against you.
We work methodically to construct a defense that will make the prosecutor think twice about taking the case to trial. We are very successful with securing favorable plea deals for our clients, but we’ve successfully handled more than 50 trials as well. No matter what your case requires, we’re prepared to go to bat for you.
What Should I Do if I’m Charged With a Weapons Crime?
Anytime you are charged with a crime, the main thing you need to do is call a lawyer. You have a right to have an attorney present during questioning. No matter what anyone promises you, do not answer questions before your attorney gets there. Your lawyer will advise you on how to handle all future interactions with law enforcement and investigators.
Schedule a Free Case Evaluation with a Weapons Charges Lawyer
Ahmed & Sukaram, Attorneys at Law is the law firm you want on your side if you are charged with a weapons crime in San Jose. We are attentive to your questions and concerns, and we understand how important the outcome of your case is to your future. You can count on our San Jose weapons charges attorneys to take your case seriously and get to work right away.
We’ve restored the freedom of countless people accused of firearms and other weapons crimes. We are fiercely committed to defending our clients, and we’re ready to get started fighting for you today. Call now to schedule your free consultation.