California Felon in Possession of a Firearm Charges: What You Need to Know
At The Law Offices of Arash Hashemi, we understand how overwhelming it can be to face charges under California Penal Code 29800(a)(1) for being a felon in possession of a firearm. With over 20 years of experience serving clients in Los Angeles, Attorney Hashemi is dedicated to protecting your rights and fighting for your future. A conviction for this serious offense can lead to lengthy prison sentences, steep fines, and further complications in restoring your firearm rights.
When you work with our firm, we will sit down with you to carefully review the facts of your case, discuss the legal options available, and build a strong defense strategy tailored to your situation. Whether it’s challenging the legality of the search, disputing evidence, or negotiating with prosecutors, our goal is to fight for the best possible outcome in your case.
If you’re facing these serious charges, don’t wait to seek legal representation. Contact our office at (310) 448-1529 today to schedule a consultation with Attorney Hashemi, and let us help you take the first step in protecting your future.
What Are the Legal Consequences of a Felon in Possession of a Firearm in California?
Being charged under California Penal Code 29800(a)(1) as a felon in possession of a firearm carries serious consequences, even if it’s your first offense since your prior felony conviction. The penalties for a conviction include:
- State Prison Sentence: A conviction can lead to a prison sentence ranging from 16 months to 3 years in state prison.
- Fines: Depending on the specifics of your case, you could face fines of up to $10,000.
- Permanent Firearm Ban: A conviction extends your lifetime ban on firearm ownership or possession and significantly reduces the chances of restoring your gun rights in the future.
These severe penalties can have long-term effects on your life, including employment challenges and the loss of other civil rights. That’s why it’s essential to work with an experienced defense attorney who can fight to reduce the charges or minimize the penalties you may face
What Happens After Being Arrested for Felon in Possession of a Firearm?
When you are arrested for being a felon in possession of a firearm in California, several critical steps follow, beginning with the confiscation of the firearm by law enforcement. The firearm will be seized as evidence and remain in police custody throughout the legal process, and depending on the outcome of the case, it may never be returned.
After the arrest, you will be taken into custody. In some cases, you may be held on bail or bond, though bail can be denied in certain circumstances, especially if there are aggravating factors such as gang involvement or multiple prior felony convictions. The next step is the arraignment, which is your first court appearance. During the arraignment, the charges against you will be formally presented, and you will enter a plea of guilty, not guilty, or no contest. The court may also set or adjust bail at this stage.
If you plead not guilty, your case moves into the pre-trial phase. This part of the process involves discovery, where evidence is exchanged between the defense and prosecution, and any necessary pre-trial hearings. During this phase, your attorney will work to negotiate plea deals, challenge the evidence, or file motions—such as a motion to suppress illegally obtained evidence.
Aggravating Factors that Increase Penalties
Use of the Firearm in Connection with Another Crime: If the firearm was used or brandished during the commission of another crime, such as robbery, assault, or drug trafficking, the penalties will likely increase, and you could face additional charges on top of the firearm possession charge.
Multiple Prior Felony Convictions: If you have multiple felony convictions on your record, you could face enhanced sentencing under California’s Three Strikes Law, which can result in a much longer prison term.
Gang Involvement: If the charges are tied to gang activity or if you are alleged to be a member of a criminal gang, the prosecution may seek harsher penalties, potentially leading to a lengthier prison sentence.
Possession of an Unregistered or Illegal Firearm: If the firearm in question was unregistered, stolen, or otherwise illegally obtained, this could serve as an aggravating factor that increases the severity of the penalties you face.
Defense Strategies for Felon in Possession of a Firearm
Unknowing Possession: To be convicted under Penal Code 29800(a)(1), the prosecution must prove that you knowingly possessed the firearm. If you were unaware of the firearm’s presence—such as if it was found in a shared vehicle or home—your attorney may argue that you did not have actual control over the weapon, which could lead to a reduction or dismissal of the charges.
Illegal Search and Seizure: Under the Fourth Amendment, you are protected against unlawful searches and seizures. If the firearm was discovered during an illegal search—such as without a warrant or probable cause—your attorney can file a motion to suppress the evidence. If the motion is successful, the evidence (the firearm) may be thrown out, which can severely weaken or even dismiss the prosecution’s case.
Restoration of Firearm Rights: In some rare cases, your firearm rights may have been restored without your knowledge. If your attorney can show that you were legally allowed to possess the firearm at the time of the arrest, the charges could be dismissed.
Self-Defense: While it is illegal for a felon to possess a firearm, there are limited circumstances where using a firearm in self-defense or defense of others may be an acceptable defense. If you were in imminent danger and used the firearm to protect yourself or someone else, your attorney may argue that the use of the firearm was justified under the circumstances.
Next Steps After Being Charged Under PC 29800(a)(1)
After being charged with felon in possession of a firearm, the most critical step you can take is to hire an experienced defense attorney. Here’s what to expect as your case progresses:
- Pre-Trial Hearings: Once you’ve entered a plea at your arraignment, the pre-trial process begins. Your attorney will gather evidence, review police reports, and evaluate the prosecution’s case. Pre-trial motions may also be filed, such as a motion to suppress illegally obtained evidence. These hearings are crucial to setting the stage for your defense.
- Plea Bargains: Depending on the strength of the evidence against you, your attorney may attempt to negotiate a plea deal with the prosecution. A plea bargain can result in reduced charges, less severe penalties, or avoiding prison time altogether. However, accepting a plea deal will typically require pleading guilty to a lesser offense.
- Trial Preparation: If no plea agreement is reached, your case may proceed to trial. During this phase, your attorney will prepare by analyzing all evidence, identifying witnesses, and building a compelling defense strategy. A trial can result in either an acquittal or a conviction, and your attorney’s preparation is critical to achieving the best possible outcome.
Why You Need an Experienced Firearm Defense Attorney
A skilled attorney will have a deep understanding of firearm laws and constitutional rights, which allows them to identify weaknesses in the prosecution’s case. This legal knowledge is crucial in building a defense strategy that can leverage these weak points in your favor. An experienced attorney can also challenge the admissibility of evidence, especially if there are concerns about illegal search and seizure. If key evidence—such as the firearm itself—was obtained unlawfully, your attorney can file a motion to suppress it, potentially weakening the prosecution’s case or even leading to dismissal.
Negotiating plea deals is another important aspect of an experienced attorney’s work. Seasoned lawyers have the expertise and relationships with prosecutors to negotiate plea agreements that may reduce your charges or minimize sentencing. And if your case goes to trial, having a skilled trial attorney on your side is critical. A knowledgeable attorney will know how to present compelling arguments, cross-examine witnesses effectively, and deliver a strong defense in court—potentially leading to an acquittal.
Contact a Los Angeles Gun Crime Attorney Today
If you’ve been charged with firearm possession as a felon in California, you are facing severe penalties that can include substantial prison time, fines, and a permanent criminal record. At The Law Offices of Arash Hashemi, we have over 20 years of experience defending clients against firearm-related charges. We understand the seriousness of these accusations and will work tirelessly to protect your rights and provide a robust defense.
To discuss your firearm possession case and explore defense strategies, contact our office at immediately. You can also schedule a 15-minute consultation by using our secure online scheduling system. During the consultation, Attorney Arash Hashemi will review the specifics of your case, explain the legal process, and outline how we can help defend your rights.
Schedule Your Consultation Today
- Phone: (310) 448-1529
- Schedule Your Free 15-Minute Consultation: Conveniently book online through our secure system.
- Email: Contact@hashemilaw.com
- Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
- Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.
