Firearms Defense Lawyer in Santa Rosa
Charged with the Purchase, Possession, or Use of a Gun?
California has some of the most restrictive gun laws in the nation. The state has many specific laws governing the purchase, possession, transportation, and use of firearms. Sometimes, it is hard to keep all of these laws straight, and as a result, you may discover that you are in violation and are under arrest for a weapons violation. I am a skilled defense lawyer who can represent you!
When is it illegal to have a firearm?
It is illegal to possess a firearm if:
- You have been convicted of a felony
- You have been convicted of a P.C. 23515 offense
- You have more than two violations to P.C. 417
- You are declared mentally incompetent
- You have a prohibition in place
- You are on juvenile prohibition
If you purchase a gun from a someone who is prohibited by law from possessing one, or if you buy a gun from someone who does not want his or her name associated with the transaction, you have violated California law according to the P.C. §27545. Straw purchases are considered a federal crime.
Penalties for straw purchases include:
- Felony conviction
- Up to 10 years in jail
- Fines of up to $250,000
The California Penal Code §25400 also declares that it is illegal to carry a concealed handgun without a permit. A firearm that is locked in a motor vehicle and is not in the glove or utility compartments is not considered concealed. The prohibition from carrying a concealed handgun does not apply to licensed hunters or fishermen when hunting or fishing. If you are charged with a concealed carry violation, you may face strict penalties. You need to contact an attorney right away for assistance in your case!
Other Firearms Violations
The purchase of and sale of all firearms is carefully regulated in California. The purchaser has to have a permit and has to buy from a licensed gun facility.
Individuals can be prosecuted for illegal purchase, illegal possession, and related offenses such as:
- Obliteration or alteration of firearm identification
- Unauthorized possession of a firearm at a school
- Unauthorized possession of a firearm in a courtroom or the state capitol
- Drawing or exhibiting a firearm in any manner other than self-defense
- Threatening with a firearm
- Discharging a firearm in an occupied building or vehicle
- Discharging a firearm negligently
- Discharging a firearm in an unoccupied vehicle or aircraft
- Criminal storage of firearms
- Sale, transfer, or loan of a firearm to a minor
- Possession of handgun by a minor
Get a Consultation With an Experienced Defense Lawyer
These are only some of the many laws, offenses, and penalties in California designed to regulate gun control. If you want more information about firearms laws, or if you have been charged with a firearm violation and are seeking defense, don’t hesitate to retain me as your Santa Rosa criminal defense lawyer today!
I am innocent—do I still need a criminal defense attorney?Yes! If you have been arrested there is a chance you may be convicted, even if you truly did nothing wrong. Having a Santa Rosa criminal defense attorney from The Law Office of Joe Bisbiglia on your side can aggressively fight to protect you from false charges. An experienced attorney can make all the difference when standing up for you so your choice of representation is a very important one.
What is the difference between probation and parole?Parole takes place after a person has spent time in prison, whereas probation may be used as an actual alternative criminal sentence. Parole is usually used to monitor a person who has been released from jail. Probation is a criminal sentence for those convicted of lesser offenses.
How does the prosecution determine the charges I will face?The prosecution will look to convict you on charges they feel have sufficient evidence for a conviction. A case will typically be dropped if the prosecution feels that there is not enough evidence to reach a conviction. What constitutes enough evidence to the prosecutor is up to their discretion.
What is a grand jury?Grand juries are made up of individuals used to determine if enough evidence exists in order to take a case to trial. A grand jury will use witness testimony, documentation, and other evidence in reaching its determination. The grand jury will decide whether the case will go to trial in the end.
Will I be arrested for refusing to give police a statement?Exercising you right to silence cannot be used against you. You are protected from testifying against yourself by the Fifth Amendment. If a police officer is trying to intimidate you into giving a statement, get in touch with a criminal defense attorney immediately.
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I got DUI in Santa Rosa and was recommended to use Joe. He gave a Flat fee of 2000 which was awesome compared to other lawyers who said a variable between 3500-5000.- Rebecca K.
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His professionalism in representing me in my own personal case helped me during a time of turmoil and confusion. He truly cares about what he does and was dedicated to making sure any and all questions I had were answered in a timely manner.- Ishii A.
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