Just like other cases, the circumstances surrounding a weapon offense matter. For example, someone may brandish a weapon at a bar during a fight, whereas someone else may just be keeping a weapon in their car for protection. Regardless of whether or not you ever intended to hurt someone, there are specific laws that pertain to what type of weapon a person can own and where they can be kept. Your guilt or innocence is not Attorney Barney B. Gibbs' to judge, but defending your rights is his job.
The use of a weapon can significantly add onto a jail sentence on top of any fines or other forms of punishment. The Second Amendment gives citizens the right to keep and bear arms. Attorney Gibbs is a firm believer in this. He will make sure that your constitutional rights are not trampled on.
Per California Penal Code § 240, it is unlawful to threaten violence against another person (with reasonable ability to carry out that threatened violence) with the use of a deadly weapon. In most cases, a deadly weapon refers to a firearm. To be convicted of this crime, it will have to be proven that you intentionally and willfully used a deadly weapon and force against another individual. Assault with a deadly weapon is a crime typically alleged of those who were aware of what they were about to do and did it anyway. This is why pleading insanity is a potential defense in some cases.
You may also be faced with battery with the use of a deadly weapon or aggravated battery. These can be considered felony offenses according to the California Penal Code § 243(d).
If you have been arrested for a weapons offense, there are many possibilities for defense that Attorney Gibbs is am prepared to provide. One potential defense is claiming that you were defending yourself with the weapon. Another defense could be claiming that the incident was an accident.
If you have been arrested for a firearm or gun offense, this could definitely be charged as a felony. You need aggressive defense in your corner if you want a chance at getting your penalties reduced or dismissed outright. The Law Office of Barney B. Gibbs has more than 35 years of experience and can assist you if you are facing a criminal offense that involved the use of a firearm or deadly weapon.
Consultations are free, so do not hesitate to call.