Have you been arrested for a weapons offense in Los Angeles, California? A Los Angeles weapons charges lawyer at Perlman & Cohen Los Angeles Criminal Lawyers can defend you against the allegations and protect your rights throughout the criminal process. Call (310) 557-1700 today for a free consultation.
Allegations of a weapons crime can expose you to jail or prison, fines, firearm restrictions, and a criminal record, depending on the offense and circumstances. Our legal team can review the evidence against you and develop a defense based on the facts of your case.
Why Choose Perlman & Cohen Los Angeles Criminal Lawyers if You Are Arrested for a Weapons Charge in Los Angeles, CA?
Perlman & Cohen Los Angeles Criminal Lawyers can help you challenge a weapons charge by investigating the arrest, reviewing the prosecution’s evidence, and identifying weaknesses in the government’s case. Our Los Angeles criminal defense lawyers can protect your rights at every stage of your case.
Weapons cases often depend on details that are not obvious from an arrest report. Questions about who possessed an item, whether the accused knew it was present, where officers found it, and how police obtained the evidence may all affect the prosecution’s ability to prove a charge in Los Angeles, CA.
Our attorneys have over 100 years of combined experience handling criminal cases. We can examine the facts instead of assuming that an arrest will lead to a conviction. Our team can communicate with prosecutors, prepare appropriate pretrial motions, evaluate possible resolutions, and prepare for trial when necessary.
If you are facing a weapons allegation, contact Perlman & Cohen Los Angeles Criminal Lawyers to schedule a free consultation with a Los Angeles criminal defense attorney.
What Is a Weapons Charge in Los Angeles, California?
A weapons charge is a criminal accusation involving the unlawful possession, carrying, sale, manufacture, or use of a firearm or another regulated weapon. California has numerous laws governing firearms, knives, and other weapons, so the specific charge depends on the item involved and what prosecutors allege happened.
Common circumstances that can result in weapons charges include:
- Carrying a concealed firearm without legal authorization
- Carrying a loaded firearm in public
- Possessing a firearm while legally prohibited from doing so
- Possessing certain prohibited weapons
- Carrying a concealed dirk or dagger
- Unlawfully selling, transferring, or manufacturing certain weapons
- Using or displaying a weapon during another alleged offense
- Possessing a weapon in a location where it is prohibited
The exact elements prosecutors must prove vary considerably from one weapons offense to another. A criminal defense attorney can determine which statute applies and whether the evidence satisfies each required element.
What Are Common Weapons Charges in Los Angeles?
Common Los Angeles weapons charges include unlawful firearm possession, carrying concealed or loaded firearms, prohibited-person possession, and offenses involving knives or other restricted weapons. Some cases involve a weapon alone, while others involve a weapons allegation filed alongside assault, robbery, drug, or other charges.
Carrying a Concealed Firearm
California Penal Code § 25400 generally prohibits carrying a concealed firearm on your person or in certain vehicles unless an exception or other lawful authorization applies. The statute identifies several circumstances that can affect how the offense is punished.
A case may turn on issues such as:
- Whether the firearm was actually concealed
- Whether the accused exercised control over the weapon
- Where officers discovered the firearm
- Whether an exception or lawful authorization applied
- Whether prosecutors can establish the required knowledge
Possession does not necessarily mean that a firearm had to be found in someone’s hand or clothing. Prosecutors may rely on a theory of control over a location or item, making the surrounding facts especially important.
Carrying a Loaded Firearm in Public
California Penal Code § 25850 makes it a crime, subject to statutory exceptions, to carry a loaded firearm on the person or in a vehicle in specified public places or public streets. The circumstances of the offense can affect whether it is treated as a misdemeanor or a felony.
A defense lawyer may examine where the firearm was found, whether it was legally qualified as loaded, who possessed it, and whether police lawfully obtained the evidence.
Possession of a Firearm by a Prohibited Person
California law prevents certain people from possessing or controlling firearms. Penal Code § 29800 applies to several categories, including people with qualifying felony convictions, and makes covered possession a felony.
The California Department of Justice also provides information about categories of people subject to firearm prohibitions.
These cases can involve questions about:
- Whether the defendant falls within a prohibited category
- Whether the defendant actually or constructively possessed the firearm
- Whether the defendant knew the firearm was present
- Whether a prior conviction or order creates the alleged prohibition
Because firearm restrictions can arise from different California and federal laws, the specific basis for the alleged prohibition should be reviewed carefully.
Carrying a Concealed Dirk or Dagger
California Penal Code § 21310 prohibits carrying a concealed dirk or dagger on the person, subject to statutory exceptions. The offense may result in county jail or punishment under California’s felony sentencing provisions, depending on how the case is charged.
Knife cases are highly fact-specific. The type of knife, its condition, how it was carried, whether it was concealed, and the defendant’s knowledge can all become relevant to the charge.
What Are the Penalties for Weapons Charges in Los Angeles, California?
The penalties for a Los Angeles weapons conviction depend on the specific statute, the defendant’s criminal history, the type of weapon, and the surrounding circumstances. Some weapons offenses are misdemeanors, some are felonies, and others can be prosecuted differently depending on facts specified by California law.
Potential consequences may include:
- County jail
- State prison or other felony confinement
- Criminal fines
- Probation
- Court-ordered conditions
- Loss or restriction of firearm rights
- Confiscation of the weapon
- A permanent criminal record
- Immigration or professional consequences in some cases
For example, Penal Code § 25850 provides misdemeanor punishment in some circumstances but requires felony treatment in certain others, such as some cases involving prior felony convictions, stolen firearms, or prohibited possessors. Penal Code § 25400 contains similarly fact-dependent punishment provisions for concealed-firearm offenses.
Charges involving multiple offenses can create additional exposure. The defense should therefore consider the entire charging document rather than evaluating a weapons count in isolation.
What Does the Prosecution Have To Prove in a Los Angeles Weapons Case?
The prosecution must prove every element of the particular weapons offense beyond a reasonable doubt. Those elements vary by charge, but knowledge, possession, concealment, location, or the defendant’s legal status may be important issues.
Depending on the allegation, prosecutors may rely on evidence such as:
- A firearm, knife, or other seized item
- Police body-camera footage
- Officer testimony
- Fingerprint or DNA evidence
- Photographs or surveillance recordings
- Statements allegedly made by the defendant
- Vehicle or property records
- Prior conviction records
- Firearm registration or transaction information
- Testimony from other occupants or witnesses
Simply finding a weapon near someone does not automatically resolve every element of a criminal offense. The government still has to connect the accused to the weapon in the manner required by the applicable statute.
A Los Angeles weapons defense attorney can compare the evidence with the precise elements of the charged offense and identify what prosecutors can and cannot establish.
What Defenses Can Be Raised Against Weapons Charges in Los Angeles?
Possible defenses to a Los Angeles weapons charge include lack of possession or knowledge, lawful possession, insufficient evidence, and constitutional challenges to an unlawful search or seizure. The defenses available in any case depend on the statute and the facts.
Potential defense strategies can include:
- Lack of possession: The prosecution may be unable to prove that the defendant possessed or controlled the weapon.
- Lack of knowledge: A person may not have known that a weapon was in a vehicle, bag, residence, or other location.
- The item did not meet the statutory definition: The object involved may not legally qualify as the prohibited weapon alleged by prosecutors.
- A legal exception applied: California weapons statutes contain exceptions and exemptions that can apply in specific circumstances.
- The firearm was not loaded or concealed as alleged: Physical evidence and witness accounts may contradict the prosecution’s theory.
- Illegal search or seizure: Evidence obtained in violation of constitutional protections may be subject to a suppression motion.
- Insufficient evidence: The prosecution must prove every element beyond a reasonable doubt, not merely show that a weapon was nearby.
- Mistaken identity or false allegations: Witness accounts, surveillance footage, or other evidence may show that another person possessed or used the weapon.
No defense applies automatically. An attorney should examine the police reports, physical evidence, body-camera recordings, witness statements, and other available materials before determining which arguments fit the case.
What Should I Do After Being Arrested for a Weapons Charge in Los Angeles?
After an arrest for a weapons charge, you should avoid making unnecessary statements about the allegations and request an attorney before answering investigative questions. What happens immediately after an arrest can affect how the defense develops.
Other steps that may help protect your interests include:
- Do not discuss the allegations on social media.
- Preserve messages, photographs, receipts, permits, or other potentially relevant evidence.
- Write down what you remember about the arrest and police search while the events are fresh.
- Identify witnesses who may have information about the weapon or the circumstances of the arrest.
- Follow all release, bail, protective-order, and court conditions.
- Attend every required court appearance.
- Speak with a criminal defense attorney as soon as reasonably possible.
An arrest is an accusation, not a conviction. Early review may give the defense more time to locate evidence, investigate witnesses, and challenge problems with the government’s case.
Can a Weapons Charge Affect My Firearm Rights in California?
Yes. A weapons conviction can affect a person’s ability to possess, purchase, receive, or control firearms, although the duration and scope of a prohibition depend on the conviction and other circumstances.
California law imposes firearm prohibitions on several categories of people, including individuals with certain felony or misdemeanor convictions and people subject to specified court orders. The California Department of Justice explains that state firearm prohibitions differ depending on the legal basis for the restriction.
That makes the long-term consequences of a plea or conviction important. A defense attorney can review both the immediate criminal penalties and potential effects on firearm rights before a case is resolved.
Contact a Los Angeles Weapons Charges Lawyer for a Free Consultation
If you are facing a weapons charge in Los Angeles, California, Perlman & Cohen Los Angeles Criminal Lawyers can review the allegations, investigate the evidence, and build a defense based on the circumstances of your case. Our attorneys have over 100 years of combined experience representing people accused of crimes.
Weapons cases can involve serious consequences, but being charged does not mean you will be convicted. The prosecution must still prove the applicable offense beyond a reasonable doubt, and weaknesses in possession evidence, police procedures, witness accounts, or other parts of the case may affect the outcome.
Contact our experienced Los Angeles weapons charges attorneys to schedule a free consultation today.
