California has some of the strictest gun laws in the country, and penalties for first-time gun charges can be severe, depending on the specific nature of the offense.
Additionally, California differentiates between legal gun ownership and illegal possession or use, making each case highly individualized based on the accused’s background, intent, and specific actions. As a result, penalties and defense strategies are tailored to the unique details of the defendant’s situation, making personalized legal representation essential in navigating gun crime charges.
Here, our San Diego criminal defense attorney at the Griffin Law Office, APC, provides an overview of common first-time gun charges and their potential penalties.
Penalties for First-Time Gun Offenses in California
California’s firm stance on gun control means that even first-time offenses can carry significant penalties, making it crucial to address any gun charge with care and legal support.
With that in mind, California’s first-time gun charges and their penalties often include:
Carrying a Concealed Weapon (Penal Code 25400): Carrying a concealed firearm without a valid concealed carry permit.
- Misdemeanor: Punishable by up to 1 year in county jail and fines up to $1,000.
- Felony: If certain aggravating factors are present, such as prior convictions or gang activity, the offense can be charged as a felony, punishable by up to three years in prison.
Carrying a Loaded Firearm in Public (Penal Code 25850): Carrying a loaded firearm in public or a vehicle.
- Misdemeanor: Punishable by up to 1 year in county jail and fines up to $1,000.
- Felony: Charged as a felony if the defendant has a prior felony conviction, is involved in gang activity, or other aggravating circumstances. Punishable by up to 3 years in state prison.
Unlawful Possession of a Firearm (Penal Code 29800): Possession of a firearm by specific prohibited individuals, such as convicted felons, those with restraining orders, or individuals with certain mental health conditions.
- Felony: Punishable by 16 months to 3 years in state prison.
Possession of an Unregistered Firearm: Failing to register a firearm as required by California law.
- These are generally charged as misdemeanors, with penalties of up to one year in county jail and fines. However, penalties may increase if other criminal factors are involved or if the firearm is an assault weapon.
Possession of an Assault Weapon (Penal Code 30605): Possession of an assault weapon or a firearm considered illegal under California’s assault weapon ban.
- Felony: Punishable by up to 3 years in state prison.
Brandishing a Firearm (Penal Code 417): Drawing, exhibiting, or using a firearm in a threatening or aggressive manner.
- Misdemeanor: Up to 1 year in county jail.
- Felony: If the firearm is brandished in the presence of law enforcement or specific public settings, it can be charged as a felony, punishable by up to 3 years in state prison.
Negligent Discharge of a Firearm (Penal Code 246.3): Willfully discharging a firearm in a grossly negligent manner that could result in injury or death.
- Misdemeanor: Up to 1 year in county jail.
- Felony: Punishable by up to 3 years in state prison if aggravated by certain circumstances, such as harm to individuals or property.
Carrying a Firearm on School Grounds (Penal Code 626.9): Bringing or possessing a firearm on school grounds or within 1,000 feet of school premises.
- Felony: Punishable by up to 5 years in state prison.
Penalties for Minors Possessing Firearms: A person under 18 possessing a firearm without proper authorization.
- For minors, gun possession can result in misdemeanor or felony charges, depending on the circumstances, with penalties ranging from probation to juvenile detention or, in severe cases, adult felony charges.
While first-time offenders might be eligible for reduced sentences or probation, gun charges are taken seriously in California, and penalties can be steep. Early involvement of a San Diego County criminal defense attorney is crucial in crafting a defense strategy and potentially reducing or dismissing the charges. We can help.
Contact Our Skilled San Diego Gun Crime Defense Lawyer Today
Call 619-269-2131 to speak with our skilled San Diego gun crimes defense lawyer today, or contact us online. We can explain your legal rights and help you pursue the best outcome for your unique charges.