What are the Penalties for First Time Gun Charges in California?
Common First-Time Gun Charges in California
If you’ve been charged with a gun crime for the first time in California, you’re likely feeling overwhelmed and uncertain about what comes next. California’s strict firearm laws can result in serious penalties, even for first-time offenders, including jail time, fines, and a permanent criminal record that can affect your future rights, including your ability to own firearms. At The Law Offices of Arash Hashemi, we’ve spent over 20 years helping clients navigate the complexities of California’s criminal justice system and protecting their rights when facing these serious charges.
California takes gun-related offenses very seriously. Depending on the specific circumstances, you could be charged with a misdemeanor or felony, each carrying severe penalties. Whether you’re facing charges for unlawful possession, carrying a concealed weapon, or brandishing a firearm, having a knowledgeable and experienced criminal defense attorney by your side is essential for ensuring the best possible outcome in your case.
If you’re facing a first-time gun charge, contact our office today at (310) 448-1529 to discuss your case. Attorney Hashemi is here to defend your rights and help you navigate this challenging time with the experienced guidance you deserve.
Unlawful Possession of a Firearm (PC 29800, PC 27500)
Unlawful possession of a firearm occurs when an individual possesses a firearm without having the legal right to do so. There are several situations where this charge may arise:
- Underage Possession (PC 29610): California law generally prohibits individuals under the age of 21 from owning or possessing a firearm, with limited exceptions, such as for law enforcement or military personnel.
- Prohibited Persons (PC 29800): Individuals with prior felony convictions, domestic violence convictions, or those subject to a protective order are prohibited from possessing firearms. This applies regardless of how the firearm was obtained.
- Unregistered or Unlicensed Firearms (PC 25850): Failing to properly register a firearm or possessing an unregistered or unlicensed firearm can also result in charges of unlawful possession.
Penalties:
- Misdemeanor: A first-time offense for unlawful possession of a firearm can be charged as a misdemeanor, punishable by:
- Up to 1 year in county jail.
- Fines of up to $1,000.
- Felony: If aggravating factors are present, such as prior felony convictions or involvement in gang activity, the charge may be elevated to a felony, with penalties ranging from:
- 16 months, 2 years, or 3 years in state prison.
Factors like whether the firearm was loaded, the defendant’s criminal history, and gang involvement can significantly impact the severity of the penalties. A felony conviction can carry long-term consequences, including a permanent criminal record and the loss of gun ownership rights.
Carrying a Concealed Weapon (PC 25400)
Carrying a concealed firearm without a valid concealed carry weapon (CCW) permit is illegal under California Penal Code Section 25400. This law applies whether the firearm is carried on your person or inside a vehicle, as long as it is hidden from view. To legally carry a concealed firearm in California, you must obtain a CCW permit from local law enforcement, which typically requires a thorough background check and proving a specific need for carrying the firearm.
Common Violations
Violations often occur in situations where someone is:
- Carrying a concealed firearm in a vehicle where it is not visible.
- Carrying a concealed firearm on their person without a valid CCW permit.
Simply having the firearm out of view without the proper authorization can lead to serious charges, even if it is not used or brandished.
Penalties for First-Time Offense
For a first-time offense, carrying a concealed weapon is typically prosecuted as a misdemeanor. If convicted, you could face:
- Up to 1 year in county jail, and/or
- Fines up to $1,000.
However, the charge can be elevated to a felony if any aggravating factors are present. These factors include:
- Prior Felony Conviction: If you have a prior felony on your record, the offense will be treated more seriously.
- Gang Affiliation: Involvement with gangs can automatically elevate the charge.
- Unregistered Firearm: Possessing an unregistered firearm while carrying it concealed can also lead to enhanced penalties.
Penalties for Felony Convictions
If charged as a felony, the consequences are much harsher and may include:
- 16 months, 2 years, or 3 years in state prison.
The specific outcome will depend on various factors, such as your criminal history, gang involvement, or whether the firearm was unregistered or loaded.
Carrying a Loaded Firearm in Public (PC 25850)
Under California Penal Code Section 25850, it is a criminal offense to carry a loaded firearm in public or in a vehicle without proper legal authorization, such as a valid Concealed Carry Weapon (CCW) permit. The law prohibits carrying a loaded firearm in public spaces, regardless of whether it is brandished or used. Simply having the firearm loaded and present in public can result in serious charges, even if it remains concealed and untouched.
Common Scenarios Leading to Charges:
- Carrying a loaded firearm on your person in a public area without a valid CCW permit.
- Possessing a loaded firearm in a vehicle, even if it is not brandished or used.
Penalties for First-Time Offenders:
- Misdemeanor:
- Up to 1 year in county jail.
- Fines.
Felony Charges:
- Aggravating Factors that can elevate the charge to a felony include:
- Prior felony convictions, especially related to firearms or violent offenses.
- Gang involvement or gang-related activity while possessing the firearm.
When charged as a felony, the penalties can range from 2 to 3 years in state prison, with the exact sentence depending on the defendant’s criminal history and the specific details of the offense.
Brandishing a Firearm (PC 417)
Under California Penal Code Section 417, brandishing a firearm is the act of drawing, exhibiting, or using a firearm in a threatening or aggressive manner, even if the weapon is not fired. The central element of this offense is that the firearm was displayed in a way that could reasonably cause fear in another person. Actual physical harm or injury is not required to be charged with brandishing a firearm—simply threatening someone with the weapon is enough to violate the law.
Common Situations Leading to Brandishing Charges:
- During a confrontation: Drawing or showing a firearm during an argument or dispute.
- Pointing a firearm: Pointing a gun at someone, even if it is not fired.
- Displaying a firearm in a threatening manner: The mere act of displaying a firearm in a way that could intimidate or cause fear.
Penalties for First-Time Offenders:
- Misdemeanor:
- 3 months to 1 year in county jail.
- Fines.
Felony Charges:
- Aggravating Factors that can elevate the charge to a felony include:
- Brandishing in a public place, such as a school or a crowded area.
- Brandishing in front of a law enforcement officer or directing the firearm at them.
If charged as a felony, the penalties can include 16 months to 3 years in state prison, depending on the circumstances. Felony convictions for brandishing a firearm can carry serious consequences, including a permanent criminal record and restrictions on future firearm ownership
Negligent Discharge of a Firearm (PC 246.3)
Under California Penal Code Section 246.3, negligent discharge of a firearm occurs when someone willfully discharges a firearm in a grossly negligent manner that could reasonably cause injury or death. This law doesn’t focus on the intent to harm but on the reckless and dangerous nature of the act. Even if no one is hurt, the careless discharge of a firearm in certain circumstances is considered a serious public safety threat.
Common Examples of Negligent Discharge:
- Firing a gun into the air during celebrations, such as on New Year’s Eve or the 4th of July.
- Discharging a firearm in a residential area or other populated areas without taking into account the potential danger to others.
The key factor in negligent discharge cases is gross negligence, meaning the person acted recklessly and without regard for the safety of others.
Penalties for First-Time Offenders:
- Misdemeanor:
- Up to 1 year in county jail.
- Fines.
Felony Charges:
- Elevated to a Felony if the discharge occurred in a densely populated area or near other people, significantly increasing the risk of injury or death.
- Penalties range from 16 months to 3 years in state prison.
Consequences of Conviction:
- A conviction for negligent discharge can lead to a permanent criminal record, restrictions on future firearm ownership, and other long-term consequences. Whether charged as a misdemeanor or felony, the severity of the penalties depends on the location, circumstances, and potential risk posed by the discharge.
Aggravating Factors That Can Increase Penalties for Gun Charges
Possession of an Unregistered Firearm:
If the firearm involved is unregistered or illegally obtained, the penalties can increase significantly. California law requires most firearms to be registered. If you are found carrying an unregistered gun, the charges can escalate, potentially turning a misdemeanor into a felony. This is especially true for charges like carrying a concealed or loaded firearm in public without proper permits.
Criminal Background:
Individuals with prior felony convictions, domestic violence convictions, or those subject to a protective order, face tougher penalties, even for a first-time gun charge. For example, someone prohibited from owning firearms due to a previous conviction will face felony charges under Penal Code 29800 for illegal firearm possession. This can lead to prison time, with penalties ranging from 16 months to 3 years in state prison.
Gang Involvement:
If the firearm charge is connected to gang activity, it will result in more severe penalties. Under California’s gang enhancement laws, gun-related crimes committed in connection with a gang can add several years to your sentence. Even a first-time gun charge can lead to serious prison time if there is evidence of gang involvement.
Use of a Firearm During a Crime:
Using a firearm while committing another crime, such as robbery or assault, significantly increases the penalties. Under California law, using a gun during the commission of a felony often triggers sentencing enhancements, which can add 10, 20, or even 25 years to life in prison, depending on whether the firearm was discharged or caused injury.
Defense Strategies for First-Time Gun Offenses in California
Lack of Knowledge
For charges like carrying a concealed firearm (PC 25400), the prosecution must prove that you knowingly possessed the firearm. If it can be shown that you were unaware of the firearm’s presence, such as if the gun was placed in your car or belongings without your knowledge, this could be a strong defense. For example, a passenger may have placed the gun in your vehicle without informing you. In such cases, your attorney could argue that the necessary “knowing” element of the crime is missing, potentially leading to a dismissal of the charges.
Illegal Search and Seizure
One of the most powerful defenses against gun charges is challenging the legality of the search and seizure. Under the Fourth Amendment, law enforcement officers must follow strict guidelines when searching your home, vehicle, or person. If the firearm was obtained through an illegal search—such as without a proper warrant or probable cause—your attorney can file a motion to suppress the evidence. If the court grants the motion, the gun cannot be used as evidence, which may lead to the entire case being dismissed.
Self-Defense
Self-defense is a viable defense in some cases, particularly if you were carrying or using the firearm to protect yourself or others from an imminent threat. California law allows for the use of reasonable force, including the possession of a firearm, if it’s necessary to prevent harm. For instance, if you were threatened by someone and carried the firearm to defend yourself, your attorney can argue that the circumstances justified your actions, potentially leading to a reduced sentence or dismissal of charges.
Lack of Intent
For charges like brandishing a firearm (PC 417), the prosecution must prove that you acted with the intent to threaten or scare someone. If the incident was accidental or if there was no intent to cause fear, this could be an effective defense. For example, if the gun was unintentionally displayed or drawn in a non-threatening context, the lack of intent to cause harm could lead to a reduction or dismissal of the charges.
Mistaken Identity
In cases involving public places or situations where multiple people are present, it is possible that you were mistakenly identified as the person who possessed or brandished the firearm. Eyewitness testimony can be unreliable, especially in high-stress situations. If your attorney can establish that you were not the person involved, the charges could be dropped.
Plea Bargain
In some cases, negotiating a plea bargain may be the best option to avoid the maximum penalties associated with a gun charge. A plea deal could involve pleading guilty to a lesser offense, such as a misdemeanor, in exchange for avoiding a felony conviction and reducing jail time. An experienced attorney can negotiate with prosecutors to secure the best possible outcome, which may include probation, community service, or reduced fines.
Can I Go to Jail for a First-Time Gun Charge in California?
Yes, you can go to jail for a first-time gun charge in California, depending on the specific charge and circumstances. California has strict firearm laws, and even first-time offenses can result in significant penalties, including jail time. Whether you’re charged with a misdemeanor or felony can affect the length of your sentence.
For example:
- Misdemeanor Gun Charges:
First-time offenses such as carrying a concealed weapon without a permit (PC 25400) or carrying a loaded firearm in public (PC 25850) are often charged as misdemeanors. If convicted, you could face up to 1 year in county jail. - Felony Gun Charges:
Aggravating factors, such as having a prior felony conviction, gang involvement, or possessing an unregistered firearm, can elevate a first-time gun offense to a felony. For example, being charged with unlawful possession of a firearm by a felon (PC 29800) or using a gun during the commission of another crime can result in 16 months to 3 years in state prison.
In either case, whether you’re facing jail time depends on the facts of your case, such as your criminal history, the type of gun offense, and any aggravating factors. Working with an experienced criminal defense attorney can help you minimize or avoid jail time, especially for first-time offenses.
Do I Need a Lawyer for a First-Time Gun Charge in California?
Yes, you should hire an attorney if you’re facing a first-time gun charge in California. With some of the strictest gun laws in the country, even a first offense can result in jail time, steep fines, and a permanent criminal record. Your attorney will be crucial in protecting your rights, assessing the evidence, and building a strong defense.
Your attorney can identify legal issues, such as whether there was an unlawful search or seizure, and use those weaknesses to challenge the prosecution’s case. Additionally, your attorney can negotiate on your behalf, possibly reducing a felony charge to a misdemeanor or securing a plea deal that avoids jail time. The legal system is complex, and without proper guidance, mistakes can be costly. Having an attorney on your side ensures that your case is handled properly and gives you the best chance of achieving a favorable outcome.
Contact A Weapons Charge Defense Attorney in Los Angeles Today
If you’re facing first-time gun charges under California’s strict firearm laws, you need an experienced defense attorney to protect your rights. Whether you’ve been charged with unlawful possession, carrying a concealed weapon, or brandishing a firearm, The Law Offices of Arash Hashemi has over 20 years of experience defending clients against gun-related offenses. We will work to minimize the penalties you face, whether that means negotiating reduced charges or fighting for dismissal in court.
If you’d like to discuss your case, contact our office at (310) 448-1529. You can also schedule a 15-minute consultation using our secure online scheduling system. During the consultation, we’ll assess your case and outline the best defense strategies to pursue.
Schedule a Consultation:
- Phone: (310) 448-1529
- 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.
We are conveniently located in the Westside Towers in Los Angeles, serving clients throughout Santa Monica, Beverly Hills, and Westwood. Contact us today to protect your future and explore your defense options.
