How to Get a Gun Charge Dismissed in California
Arrested for a Gun Charge in California? Here’s How You May Be Able to Get It Dismissed
If you’ve recently been arrested for a gun charge in California, the consequences you’re facing are serious — even if you weren’t doing anything violent. California’s firearm laws are some of the strictest in the country, and even a first offense can mean jail time, probation, fines, or a permanent criminal record. But the good news is that not every gun arrest ends in a conviction. In fact, many of these cases can be dismissed or significantly reduced — if you act quickly and have the right legal defense in place.
At The Law Offices of Arash Hashemi, we’ve spent over two decades helping clients across Los Angeles fight back against gun charges — whether for illegal possession, carrying a concealed firearm, or being accused of owning a gun as a prohibited person. We understand how police and prosecutors build these cases, and more importantly, how to dismantle them.
In many situations, the key to getting a gun charge dismissed comes down to the way the evidence was collected. If law enforcement violated your constitutional rights — for example, by stopping or searching you without probable cause or a warrant — we can file a motion to suppress the firearm evidence. If that motion is granted, the gun can’t be used against you in court, and the prosecutor often has no choice but to drop the case.
Another path to dismissal involves proving that you didn’t actually possess or control the firearm. This is especially common in situations where a gun is found in a shared vehicle, a friend’s backpack, or somewhere else not clearly under your control. Prosecutors must prove beyond a reasonable doubt that you knew the gun was there and had the ability to control it — and if they can’t, the case may fall apart.
Sometimes, the arrest itself is flawed from the beginning. We’ve handled cases where clients were arrested for being a “prohibited person” — only to find out they were misclassified. In other cases, the firearm didn’t meet the legal definition of a gun under California law — such as when it was inoperable, antique, or legally owned but transported incorrectly. These details matter, and they can be the difference between a conviction and a dismissal.
Even if full dismissal isn’t possible, there are still ways to avoid jail time or a criminal record. If you’re eligible, we may be able to negotiate a reduction to a misdemeanor, secure probation instead of custody, or pursue pretrial diversion. These options depend on your record, the facts of the case, and how early you get a defense lawyer involved.
When you hire our firm, we take over immediately. We review the police reports, bodycam footage, search and arrest records, and every piece of evidence the prosecution has. If there’s a legal weakness, we’ll find it — and use it to pressure the DA to dismiss or reduce the charges. And if your rights were violated, we’ll hold law enforcement accountable in court.
Gun charges don’t go away on their own — and the longer you wait to get legal help, the more leverage prosecutors gain over your case. That’s why it’s critical to get ahead of it now, before you end up with a conviction that could affect your job, your record, your immigration status, or your future ability to legally own a firearm.
If you’ve been arrested for a firearm offense in Los Angeles — whether it’s carrying a concealed weapon, being accused as a felon in possession, or possession of an unregistered firearm — call our office today. Attorney Arash Hashemi will personally sit down with you, explain your rights, and lay out a plan to fight the charges head-on. You do not have to go through this alone. And you don’t have to accept a conviction.
We are located at Westside Towers in Los Angeles and proudly serve clients throughout the greater Los Angeles area — including Santa Monica, Beverly Hills, Culver City, Westwood, Marina del Rey, and surrounding neighborhoods.
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