San Rafael Weapons Crimes Attorney
California Is Home to Some of the Nation’s Stricter Gun Laws
The Second Amendment of the U.S. Constitution states the following:
“A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
While the interpretation and intent behind those words are often debated, California has gun and weapons laws that put parameters on who can own or possess weapons. In addition, a crime that includes the use of a weapon typically means harsher sentences are imposed.
At Chambers Defense, we guide our clients through the state’s complex criminal justice system all the while fighting for their best interests. No matter the weapons charge, Attorney Peter James Chambers fights to reduce or eliminate any potential sentence a client faces.
In Marin County and throughout California, gun owners may have a loaded gun at their residence or in their business. Problems arise when a loaded firearm is found on the person or in their vehicle in a public place. For charges to stick, the prosecution must prove the defendant knew they were carrying a loaded weapon in a public place. That is not as easy to prove as it may seem – especially when your defense is in the skilled hands of Attorney Chambers.
Only Californians with a valid license to conceal carry a weapon are legally allowed to have a firearm in a coat pocket or purse, for example. Prosecuting for an alleged illegal concealment of a weapon often boils down to proving intent, which can be a tall order.
Sometimes weapons are found during police searches. If the search was improperly conducted, anything found – including a gun – cannot be presented in court. Many other circumstances can lead to charges being thrown out.
At Chambers Defense, we look for any possible legal maneuver to get charges dismissed.
Weapons are not necessarily firearms. There are laws that restrict how other weapons are concealed. Explosives, dirks, and daggers cannot be concealed.
Firearms in Vehicles
A weapon is not only considered concealed when it is on your person. Without proper permitting, you cannot keep a weapon in your glove compartment, under your seat, or anywhere else in your vehicle. There are many circumstances that can hamper a prosecutor’s ability to prove their case. For example, if a sibling also uses that car, it is reasonable that the person driving the car may not be aware of the firearm’s presence.
Details big and small are important in building a strong defense.
The California Penal Code makes it a crime to willfully and maliciously shoot a weapon at a person, vehicle, or structure. For example, shooting at someone’s home – even if they are not home – can still be charged as a shooting crime.
Shooting a gun in self-defense is not a crime. Anyone who reasonably believes that they or someone else is in immediate danger of bodily injury has the right to protect themselves with force appropriate for the perceived danger. Marin County, Novato, Petaluma, Richmond, and all other Golden State communities have the right to “Stand Your Ground.” This means you have no duty to retreat first before defending yourself.
A weapon can be brandished in self-defense, but it cannot be shown otherwise in a threatening manner. Using a weapon to intimidate someone in a public place or driving on a public street is against the law. Brandishing a weapon in front of an officer or in an attempt to resist arrest can also create more legal problems. Remember, a weapon might be a gun of some kind but can also be a tire iron, a knife, a rope, or anything else that could be used to injure someone.
Charged with a Weapons Violation? Chambers Defense Can Help.
If you are arrested for a weapons violation, remember your right to remain silent. Instead of making a statement to the police, reach out to our San Rafael weapons crime attorney today.
Attorney Chambers has been recognized as a Top 40 Under 40 by the National Trial Lawyers and a Rising Star by Super Lawyers. He knows how to leverage the mistakes and oversights made by investigators and prosecutors.