Los Angeles Gun Crime Lawyer

Los Angeles Gun Crime Lawyer

Gun crime charges in California are serious. If you are arrested for a firearm-related offense, you could be facing jail time, high fines, and a permanent criminal record. Whether you are accused of having a concealed weapon, unlawful possession, or using a gun in a violent crime, you need a strong legal defense to protect your rights and your future.

Hurwitz Law Group helps people in Los Angeles County who are facing gun charges under California law. Our legal team understands the details of the California Penal Code and how law enforcement officers and the district attorney build cases.

We know how to find errors in the investigation, challenge illegal search or probable cause, and work to get the case dismissed or charges reduced. With the support of our Los Angeles gun crime lawyer, you don’t have to face the court system alone.

Learn Common Gun Crimes with our Los Angeles Gun Crime Lawyer

Common Gun Crimes in Los Angeles

Gun crime cases are taken seriously in Los Angeles County, and even simple mistakes involving firearms can lead to arrest. People are often charged with gun possession or other firearm violations without realizing they broke the law.

Some of the most common gun charges that individuals face under the California Penal Code, each carrying its own risks and consequences, are:

Possession of an Unregistered Firearm (Penal Code § 12031)

Under California law, all firearms must be properly registered to the person who owns or carries them. If you are found with a gun that is not registered in your name, even if it is not loaded or used, you can be charged with unlawful possession.

This offense can result in criminal charges, especially if the gun is discovered during a traffic stop, home search, or other interaction with law enforcement officers. The penalties may increase if the firearm is considered an assault weapon or if you have a prior criminal record.

Possession of a Firearm by a Felon (Penal Code § 29800)

Under Penal Code § 29800, it is illegal for a convicted felon to own, possess, or have access to a firearm in California. This includes guns kept at home, in a motor vehicle, or even temporarily held. A person does not have to be using the firearm for this law to apply -- simply having it nearby can lead to felony charges.

If the individual also has a record of violent crimes or gang involvement, the penalties can be even more severe. These cases often lead to lengthy prison sentences, and courts take them very seriously because of the risk to public safety.

Carrying a Concealed Firearm (Penal Code § 25400)

Carrying a concealed firearm without a valid permit is a common charge in Los Angeles County, especially during traffic stops. Under Penal Code § 25400, it is a crime to hide a firearm on your body or in your motor vehicle, like under a seat or inside a bag, unless you are legally allowed to do so. Many people do not realize that carrying a concealed weapon, even for protection, is illegal without the proper license.

If the gun is loaded or if you have a prior criminal record, you could face harsher penalties or be charged with a felony.

Illegal Sale or Transfer of a Firearm (Penal Code § 27500)

Under Penal Code § 27500, it is against the law to sell, give, or transfer a firearm without going through a licensed dealer and following state rules. This law applies to anyone, even private individuals, who sell or lend guns to others without background checks or proper paperwork. Breaking this law is not only considered illegal possession, but also a serious weapons violation that could lead to criminal charges.

The state wants to prevent firearms from falling into the wrong hands, so violations of this law are aggressively prosecuted by the district attorney and can result in jail time and hefty fines.

Brandishing a Firearm (Penal Code § 417)

Under Penal Code § 417, it is a crime to brandish a firearm, which means showing or pointing a gun at someone in a threatening manner. This applies even if the gun is not fired. Simply pulling out a weapon during an argument, fight, or road incident can lead to criminal charges. The law does not require that anyone be hurt, but only that the person with the gun use it in a way that could cause fear.

Brandishing a weapon, especially a loaded firearm, can result in jail time, probation, and the loss of your right to own guns. If the act took place in front of a police officer or was connected to other violent crimes, the penalties may be more severe.

Shooting at an Occupied Vehicle (Penal Code § 246)

Shooting at an occupied vehicle, building, or home is a serious offense under Penal Code § 246. Even if no one is injured, firing a gun at a car or structure where people are present can result in felony charges and lengthy prison sentences. The law considers this act extremely dangerous because it puts lives at risk and can easily lead to death or serious injury.

Prosecutors often treat these cases as acts of deadly force, especially if they are related to gang activity or other violent crimes. Defending against this charge requires a careful review of facts, including whether the person fired in self-defense or whether there is insufficient evidence to prove they were the shooter.

What You Need to Know About Gun Laws in California

What You Need to Know About Gun Laws in California
  • Unlawful Possession: Having a firearm without the proper registration or owning a gun when you are legally not allowed to (such as being a convicted felon) is considered unlawful possession and can lead to serious criminal charges.
  • Loaded Firearm in Public: Carrying a loaded firearm in a public place or inside a motor vehicle without legal permission is a violation of California law and may result in arrest, fines, or jail time.
  • Concealed Weapon Without a Permit: You must have a legal permit to carry a concealed weapon. Hiding a gun on your body or in a vehicle without a valid license is illegal and can lead to misdemeanor or felony charges.
  • Guns and Domestic Violence: If you have a past domestic violence conviction or restraining order, you are not allowed to possess a gun. Violating this rule can bring additional firearms charges and possibly prison.
  • Firearms and Other Crimes: Using a gun while committing other crimes like petty theft, drug possession, or assault can increase your penalties under California criminal law.
  • Minors and Guns: Giving or allowing access to firearms by minors without proper safety measures can lead to criminal liability, even if the gun is not used.
  • Federal and State Differences: California law may have stricter rules than federal law. Just because something is legal in another state or under federal guidelines does not mean it’s legal in California.
  • Gun Sales and Transfers: All gun sales or transfers must go through a licensed dealer, even between family or friends. Private transfers without background checks can lead to weapons violations and fines.

Penalties for Gun Crimes in Los Angeles

Penalties for Gun Crimes in Los Angeles

If you are charged with a gun crime, you may face different punishments depending on the situation. The outcome depends on your criminal history, the type of gun, and whether the gun was used in a violent way.

Jail or Prison Time

  • Up to one year in county jail for some misdemeanor charges
  • Up to three years or more in state prison for felonies or repeated offenses
  • Minimum sentence may apply in certain serious cases involving a deadly weapon

Fines and Restitution

  • Hefty fines up to thousands of dollars
  • Court-ordered payments to victims if damage or injury occurred
  • Possible community service and supervision

Gun Ownership Restrictions

  • Loss of the right to bear arms in the future
  • Permanent ban if convicted of certain felony charges or violent crimes
  • Additional penalties for those with a prior criminal record

Defenses to Gun Crime Charges in Los Angeles

Defenses to Gun Crime Charges in Los Angeles

If you are facing gun charges in Los Angeles County, there may be legal ways to fight back. Not every arrest leads to a conviction, and you are innocent until proven guilty. A skilled criminal defense lawyer will examine the facts, find errors in how the case was handled, and use legal defenses to help protect your future.

Unlawful Search and Seizure

One of the strongest defenses in a gun possession case is arguing that the firearm was found during an unlawful search and seizure. If law enforcement officers searched your home, car, or person without a valid search warrant or probable cause, the evidence may not be allowed in court.

This means the gun or any other items collected during that illegal search could be removed from the case, which can lead to the charges being reduced or the entire criminal case dismissed.

Lack of Knowledge or Intent

In some gun crime cases, the person accused may not have known there was a firearm present, or they did not intend to break the law. For example, you might be charged with unlawful possession if a gun were found in a shared motor vehicle, even though it didn’t belong to you.

If your criminal defense attorney can show that you lacked knowledge or intent, it may be possible to have the criminal charges dropped or reduced. The law requires that you knowingly possessed or carried the weapon, so proving otherwise can be a strong defense.

Self-Defense or Defense of Others

Using a firearm is sometimes allowed under California law if it was used to protect yourself or another person from imminent danger. If you reasonably believed you or someone else was about to be seriously harmed, and you had no other option, your lawyer may argue self-defense or defense of others. This is especially useful in cases involving deadly force, where your actions were a response to a threat, not a criminal act.

The court may consider the situation justified if the use of force was necessary and proportionate.

False Allegations

Unfortunately, some people are wrongly accused of gun charges due to personal disputes, revenge, or misunderstandings. If someone falsely claims you pointed a gun at them or carried a concealed weapon, your attorney can challenge their story. Proving false allegations may involve exposing lies, showing surveillance footage, or using witness testimony to support your side.

In these cases, the goal is to show the court there is insufficient evidence or that the claim was motivated by bias, not truth. This can lead to a case dismissed before it even reaches trial.

How Our Los Angeles Gun Crime Lawyers Can Help

How Our Los Angeles Gun Crime Lawyers Can Help

If you are facing gun charges in Los Angeles County, working with the right legal team can make a big difference in your case. Hurwitz Law Group understands how stressful it is to deal with the criminal justice system, especially when you are accused of a serious offense like unlawful possession, brandishing a firearm, or carrying a concealed weapon without a permit.

Our experienced criminal defense attorneys will review every detail of your case to look for weak evidence, police misconduct, or violations of your amendment rights, such as an illegal search or arrest without probable cause. We will explain the law in simple terms, answer your questions clearly, and develop a defense strategy based on the facts of your situation.

Whether you were falsely accused, had no intent to break the law, or acted in self-defense, our goal is to protect your rights and fight for the best possible result, whether that means reduced penalties, felony charges dismissed, or getting the case dismissed entirely.

FAQs

1. What should I do if I were arrested with a loaded gun in my car?

If a loaded gun were found in your client's car, contact a California criminal defense attorney right away. Even if the firearm wasn’t yours, you could still face charges. A skilled attorney can review the facts and fight to prove the gun was not under your control.

2. Are gun laws the same across all counties in California?

No. While state firearm laws apply everywhere, how cases are handled can vary between areas like Orange County, Los Angeles County, and San Bernardino County. Local practices and prosecutors differ, so it’s important to have a lawyer who knows the specific court system in your area.

3. What if the gun was illegally obtained by someone else?

If the firearm was illegally obtained and you had no knowledge of it, your lawyer can argue a lack of intent. You should not be punished for someone else’s actions, especially if there is no evidence linking the gun directly to you.

4. Can gun charges lead to severe penalties even without a criminal record?

Yes. Some gun crimes carry serious penalties and severe penalties, even for first-time offenders. Aggravating factors like having the gun in public, near a school, or during a violent incident can increase the punishment, including jail time and large fines.

5. Where will my gun crime case be heard in Los Angeles?

Most cases in Los Angeles are handled at the Los Angeles Superior Court. This court sees a wide range of criminal cases, and having a California criminal defense attorney who knows the local judges, prosecutors, and court procedures can give you an advantage.

Contact Our Los Angeles Gun Crime Lawyer for a Free Consultation

Contact Our Los Angeles Gun Crime Lawyer for a Free Consultation

If you’re facing gun charges, don’t wait to get the legal help you need. A conviction can lead to jail, fines, and the loss of your right to own a firearm. Whether you're accused of having a loaded gun, carrying without a permit, or being involved in a more serious offense, these charges can affect your entire future.

At Hurwitz Law Group, our experienced Los Angeles gun crime lawyer will take the time to understand your situation, explain your options clearly, and build a strong defense. Our law firm also handles other serious matters like sex crimes and white collar crimes, so we know how to fight complex cases in and out of court.

We offer a free consultation to help you get answers and move forward. Contact us today to speak with a skilled attorney and take the first step toward protecting your future.

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