Common Gun Charges We Defend in Beverly Hills

In California, gun cases usually fall into two categories: unlawful use of a firearm or unlawful possession of a firearm.Each carries unique penalties and long-term consequences.

Unlawful Use of a Firearm

Brandishing a Firearm (PC § 417) — Displaying or pointing a gun in a threatening or aggressive manner — even if it’s unloaded — can lead to criminal charges. These cases often come from arguments, traffic disputes, or incidents in public. Prosecutors treat them seriously, but context and witness credibility are key areas for defense.

Shooting From a Motor Vehicle (PC § 26100) — This statute makes it illegal to fire a gun from inside a vehicle. Both the shooter and the driver may face charges, with penalties that include long prison terms. A strong defense often focuses on identity, intent, and whether the firearm was actually discharged.

Assault with a Firearm (PC § 245(a)(2)) — Using a gun to threaten or injure someone is charged as aggravated assault. These cases are heavily prosecuted and carry the potential for years in state prison. Defenses may include self-defense, lack of intent, or challenging the credibility of the allegations.

Shooting at an Inhabited Dwelling (PC § 246) — It is a felony to intentionally shoot at a home or occupied building. Penalties are severe, especially if anyone was inside or injured. These cases often hinge on ballistics, witness accounts, and whether shots were actually fired at the structure.

Shooting at an Uninhabited Vehicle or Building (PC § 247) — Firing at a car or property that is not occupied may still be charged as a felony. The law does not require that anyone be injured for serious consequences to apply. Prosecutors often push these cases aggressively, but defenses may involve intent, mistaken identity, or lack of evidence.

Grossly Negligent Discharge (PC § 246.3) — Recklessly firing a gun in a way that could harm someone — even if no injury occurs — can result in criminal charges. Courts treat negligent discharge as a public safety issue, but defense often focuses on whether the discharge was accidental or lacked criminal intent.

Unlawful Possession of a Firearm

Felon in Possession (PC § 29800) — California law bars anyone with a felony conviction from owning or possessing a gun. A conviction can mean prison time and enhanced penalties for repeat offenders. Defenses often focus on whether the firearm was truly in your possession, or if law enforcement overstepped during a stop or search.

Firearm Possession After Misdemeanor Convictions (PC § 29805) — Individuals with specific misdemeanor convictions or subject to a restraining order cannot legally possess a firearm. These cases often arise in connection with domestic violence or family law matters. Defending them may involve challenging whether the restriction applies or whether possession was intentional.

Carrying a Concealed Firearm (PC § 25400) — Hiding a gun in a waistband, bag, glove box, or vehicle without the proper permit can lead to charges. Depending on the facts and prior history, it may be filed as either a misdemeanor or felony. Many defenses involve unlawful searches, lack of knowledge, or exceptions under California law.

Carrying a Loaded Firearm in Public (PC § 25850) — Having a loaded gun in a car or public place is one of the most common firearm charges in Los Angeles County. Prosecutors often push for jail time, but defenses may include lack of knowledge, improper police procedures, or lawful exceptions.

Ghost Guns and Unserialized Firearms (PC § 29180) — California requires serialization of privately made firearms. Possession, sale, or transfer of an unserialized “ghost gun” can bring serious charges. These cases are technical, defenses often turn on whether the item meets the statute’s definition of a “firearm” or a “privately made firearm,” and whether serialization rules actually apply.

Firearm Possession While Under a Protective Order (PC § 29825) — Anyone subject to a criminal or family court restraining order is prohibited from owning or purchasing a gun. Violations can bring new criminal charges, even if the possession was unintentional. A defense lawyer may challenge whether notice of the order was properly given or whether the firearm was actually in your control.

Prosecutors in Los Angeles County treat gun possession cases as high priority. How charges are filed often depends on your record, the facts of the arrest, and whether the firearm was allegedly used or simply found in your possession. Even first-time offenders can face jail, probation, lifetime bans on firearm ownership, and the stigma of a permanent criminal record.

The difference between those outcomes and a reduced or dismissed case often comes down to having the right lawyer in your corner. The sooner our attorney is involved, the more opportunities there are to suppress evidence, challenge the prosecution’s narrative, and protect your future. That’s why our defense strategy begins immediately — investigating the stop, questioning the search, and exposing weaknesses in the state’s case.

Penalties for a Gun Charge Conviction in California

Penalties are severe, but they’re not automatic. The outcome depends on the charge, your record, and the facts of the arrest. With a strong defense, many clients avoid the harshest results through dismissal, reduction of charges, or alternative sentencing. The exact outcome depends on the charge, your record, and the facts of the arrest. But these consequences are not automatic — with a strong defense, many clients avoid the harshest results through dismissal, reduction of charges, or alternative sentencing.

Misdemeanor Gun Charges

• Up to 1 year in Los Angeles County jail

• Fines of up to $1,000

• Probation terms, which may include firearm surrender, counseling, or community service

Felony Gun Charges

• 16 months to 20 years in California state prison, depending on the statute and circumstances

• Fines of up to $10,000

• Strike enhancements under California’s “Three Strikes” law in cases involving violence or repeat offenses

Additional Consequences of a Gun Conviction

• Loss of firearm rights — Many convictions trigger lifetime bans under both California and federal law, with no ability to legally own, purchase, or carry a firearm again.

• Immigration consequences — For non-citizens, firearm offenses are considered deportable crimes under federal law. Conviction can lead to removal proceedings, denial of citizenship, or loss of legal status.

• Employment and licensing barriers — A gun conviction appears on background checks and can disqualify you from professional licenses in fields like medicine, law, real estate, and security. Employers may also view it as disqualifying, creating long-term career setbacks.

Sentencing Enhancements for Weapons Violations

In California, many firearm charges carry additional penalties known as sentencing enhancements. These enhancements can significantly increase your sentence beyond the punishment for the underlying charge.

Common enhancements in Los Angeles County include:

• 10–20–Life Rule (PC § 12022.53) — Using a gun during the commission of certain felonies (such as robbery, assault, or murder) can add 10 years, 20 years, or even 25 years to life in prison, depending on whether the firearm was used, discharged, or caused injury.

• Gang Enhancement (PC § 186.22) — If prosecutors allege that the gun offense was committed for the benefit of a gang, additional years can be added to your sentence.

• Prior Convictions — A previous felony or weapons-related conviction can trigger harsher penalties, including mandatory prison terms.

• Drug and Firearm Combination — Possessing a firearm while committing a drug offense can elevate charges and add years of custody time.

These enhancements are often used by prosecutors to pressure defendants into plea deals. However, they are not automatic. An experienced Beverly Hills gun charge attorney can challenge whether the enhancement legally applies, whether the firearm was actually used, and whether the evidence supports the allegation.

How Our Beverly Hills Gun Charge Attorney Can Defend You

The key to a strong defense is timing. The earlier we step in, the more options you have to fight the charges and protect your future.

Gun charges in Beverly Hills are prosecuted aggressively, but being charged is not the same as being convicted. These cases often turn on details: how the weapon was discovered, whether police followed constitutional requirements, and what the evidence actually proves. With the right defense strategy, our firm has successfully helped clients get charges reduced, dismissed, or resolved in ways that avoided jail and preserved their rights.

Every case is different, but common defense strategies in gun cases include:

Illegal Search and Seizure
Many gun cases in Beverly Hills begin with a traffic stop, a pedestrian encounter, or police responding to a call. Officers must have probable cause, consent, or a valid warrant to search your car, bag, or home. If they overstepped — for example, searching without legal justification or expanding a stop beyond its lawful scope — the firearm and any related evidence can often be suppressed. Without the gun, prosecutors are left with little or no case.

Lack of Possession or Knowledge
Simply being near a firearm is not the same as possessing it. Prosecutors must prove beyond a reasonable doubt that you had control over the weapon and that you knew it was there. We have defended clients who were passengers in cars, staying in shared apartments, or borrowing property without knowing a gun was present. When knowledge or control cannot be proven, the case often collapses.

Registration and Ownership Issues
California has strict laws regarding firearm registration and ownership, but mistakes and misunderstandings are common. A gun may belong to another household member, may have been lawfully purchased but not updated in state records, or may qualify under statutory exceptions. By tracing purchase history, license status, and registration details, we challenge claims that a firearm was “unregistered” or unlawfully owned.

Mistaken Facts or Inconsistent Reports
Details matter in firearm prosecutions. Was the gun loaded or unloaded? Where exactly was it found? Who had access to it? Police reports and witness statements are often inconsistent or incomplete. We analyze every detail — from the chain of custody to officer testimony — to expose contradictions. Highlighting these flaws can create reasonable doubt and significantly weaken the prosecution’s case.

Lawful Exceptions and Self-Defense
California law allows for certain exceptions to firearm restrictions, including lawful transport between residences, moving, or use in self-defense. If your circumstances fall under these exceptions, possession may not be unlawful. In other cases, if you reasonably believed you or someone else was in imminent danger, the use of a firearm may be legally justified. We raise these defenses to demonstrate that your actions were within your rights.

Pre-Filing Intervention
One of the most effective strategies is to act before charges are ever filed. If you contact us immediately after an arrest or investigation, we can present evidence directly to prosecutors — such as proof of ownership, lack of possession, or mitigating circumstances. Early advocacy has led to reduced charges or even outright case rejection for many of our clients.

Negotiated Resolutions
When dismissal is not an option, we focus on minimizing the consequences. This may include negotiating reduced charges, pursuing diversion programs, or securing misdemeanor instead of felony outcomes. The goal is always to protect your record, avoid firearm bans when possible, and preserve your future opportunities.

Case Results: Firearm Charges Successfully Defended

Felony Assault with a Deadly Weapon — Charges Dismissed
Superior Court of California, Los Angeles
Charge: Assault with a Deadly Weapon (PC 245(a)(1))
Result: Our defense exposed flaws in police reports and challenged the prosecution’s evidence. The District Attorney dismissed the case in full.

Attempted Murder with Firearm Enhancements — Sentence Reduced
Superior Court of California, Pasadena
Charges: Attempted Murder (PC 664/187(a)), Assault with a Firearm (PC 245(a)(2)), Gang Enhancements (PC 186.22)
Result: After a year-long investigation, our firm presented evidence showing limited involvement. Prosecutors reduced the charges, and the client received a 6-year sentence instead of life.