If you’re facing weapons charges in Santa Clara County, CA, having experienced legal guidance can significantly affect how your case proceeds and what outcome you will get. Weapons cases are often complex, with strict laws and severe penalties that can affect a defendant’s future. An experienced Santa Clara County weapons charges attorney can help you with this type of case, from the initial investigation through trial.
Our lawyers at Ahmed & Sukaram, Criminal Defense Attorneys have over 30 years of combined experience and have successfully handled thousands of cases for our clients. We’re ready to get to work for you, too. Call (650) 299-0500 or contact us today to set up a free consultation.
How Ahmed & Sukaram Can Help if You’re Arrested for Weapons Charges in Santa Clara County, CA
If you’ve been arrested for weapons charges in Santa Clara County, you may feel overwhelmed and uncertain about what to do next. We understand how serious these charges are and are here to provide the guidance and representation you need. Here’s how our Santa Clara County criminal defense lawyers can help:
- Weapons laws can be complicated. We will explain the charges you’re facing and what penalties you could be looking at if convicted.
- We will thoroughly review every aspect of your arrest and look for any violations of your rights, errors in procedure, or weaknesses in the prosecution’s case.
- If law enforcement obtained evidence unlawfully, such as through an illegal search and seizure, we can file a motion to suppress and try to have that evidence excluded from your case.
- We will negotiate with the prosecution to try and get your charges reduced or dismissed. Our experience and knowledge of the criminal justice system allow us to anticipate their tactics and adjust accordingly.
Facing weapons charges in Santa Clara County, California, is overwhelming, but you don’t have to go through it alone. Contact us today to schedule a free consultation without any obligations.
Overview of Weapons Charges in California
California takes weapons offenses very seriously, enacting strict laws to ensure public safety. Being aware of the specific charges you could face helps you know what to expect. Some common weapons charges in the state include:
Felon in Possession of a Firearm
Under this law, individuals with prior felony convictions, certain misdemeanors, or those struggling with drug addiction are prohibited from owning firearms. Violating this statute can result in serious criminal charges and long prison terms.
Illegal Concealed Carry
This statute makes it unlawful to carry a concealed weapon without a proper permit. In order for prosecutors to secure a conviction, they must prove that the defendant knowingly concealed the firearm. Carrying a firearm in a holster is not considered concealment.
Carrying a Loaded Firearm in Public
It is illegal to carry a loaded gun on your person or in your vehicle unless you have the appropriate permit. A firearm is considered loaded if it has an unspent bullet in the firing chamber or is attached to a magazine.
Firearm Possession in Prohibited Places
Several sections of California law restrict where firearms may be carried. For example, it’s impermissible to carry guns in a school zone or within 1,000 feet of a school, in government buildings, at the governor’s mansion, at airports and passenger terminals, and in public transportation facilities.
Brandishing a Deadly Weapon
Displaying or wielding a deadly weapon in a threatening manner or during a fight can lead to misdemeanor charges of brandishing a deadly weapon.
If you have any questions about weapons offenses in California, contact a criminal defense lawyer right away.
What Are the Penalties for Weapons Charges in Santa Clara County, California?
Weapons charges in Santa Clara County can result in a range of penalties, each specific to the offense involved. Below are some of the associated punishments:
- Felony Possession of a Firearm: Individuals found guilty of a felony for possessing a firearm may face up to three years behind bars and fines as high as $10,000. In certain cases, defendants might also lose their Second Amendment rights for up to ten years or permanently.
- Illegal Concealed Carry: For a first offense classified as a misdemeanor, penalties might include up to one year in prison and a fine of up to $1,000. However, if aggravating factors are present, like previous felony convictions, stolen firearms, or gang affiliations, you can be charged with a felony, with sentences ranging from 16 months to three years and fines up to $10,000.
- Carrying a Loaded Firearm in Public: The penalties in this situation mirror those for illegal concealed carry.
- Brandishing a Deadly Weapon: Displaying or threatening with a dangerous weapon outside of typical use may result in a sentence ranging from 30 days to one year in jail.
- Gun Use Enhancement: If a firearm is used during a serious felony, an additional ten-year sentence might be added. If the gun is actually fired, an extra twenty years could be imposed, and if such use leads to serious injury or death, the enhancement may increase to between 25 years and a life sentence.
The penalties for weapons offenses can be incredibly serious, and they can also heavily depend on the unique facts and circumstances of your case. If you have any questions or need help fighting back against the charges you’re facing, don’t hesitate to contact us today.
What Defenses Can Be Raised if I’m Arrested for Weapons Charges in Santa Clara County?
If you’re facing weapons charges, there are various defenses that may be used. An attorney will look at your case and determine the best one for your situation. Some of the most common include:
Unlawful Search and Seizure
Law enforcement must follow strict rules when gathering evidence. If they didn’t have a warrant or probable cause to search you or your property, the court could exclude any seized weapons from evidence. This means it cannot be used against you. If evidence of the weapon itself is thrown out, it will be difficult or impossible for the prosecutor to build a case against you.
Lawful Possession
If you were legally permitted to own or carry the firearm, you can use this to challenge the charges against you. This could include showing that you had a valid license or permit or that the firearm was registered correctly under state laws.
Mistaken Identity
Sometimes, the police may have arrested the wrong person or confused details about ownership of a firearm. If you can show you weren’t involved or that the weapon wasn’t yours, it can protect you from criminal liability. Witness statements, alibis, and clear documentation often help prove this defense.
Lack of Knowledge
To be found guilty of a weapons charge, you have to know a gun or other weapon was in your possession. For instance, if you’re borrowing a friend’s car and get pulled over and the police search your car and find a firearm, you could be arrested. Your attorney’s goal would be to show that since it wasn’t your car, you had no idea the gun was present.
Self-Defense
Some situations require taking action to protect yourself or others. If you can prove you brandished or used a weapon reasonably because of an immediate threat, this defense may apply. The display of the weapon must be reasonable based on the circumstances.
A criminal defense lawyer will help you determine the best defense for your case.
If you’re facing weapons charges, it’s important to take immediate action to protect your rights and build a strong defense. The legal process can be intimidating, and having an experienced attorney on your side is incredibly important. We are here to guide you through every step, ensuring that you understand your options.
Contact Ahmed & Sukaram, Criminal Defense Attorneys to schedule a free consultation with a Santa Clara County weapons charges lawyer.