Weapons crimes covers a broad range of crimes including assaults and robberies with a weapon, concealed carry violations, felon with a firearm, and school zone violations. Weapons crimes come with incredibly harsh sentences especially when a gun is involved. Under 10-20-Life, using a gun during a crime means that an additional 10 years to life imprisonment will be added to the standard sentence for that crime. Conviction on a felony weapons charge also means being barred from future gun ownership.
If you are accused of a weapons crime, the prosecution must prove that you actually used or had a weapon. It is not enough for a witness to simply say that they thought you might have a weapon.
You may also be able to beat a weapons charge on Fourth Amendment grounds. Even if you have an illegal weapon, the police cannot violate your constitutional rights. If a weapon is found during an illegal search or seizure, it generally cannot be used as evidence against you. It is very difficult for the prosecution to prove a weapons case without the weapon.
Are you facing weapons charges in Shasta, Trinity, Tehama, Siskiyou, or Butte Counties? Contact Ryan Birss to schedule a consultation today.