A criminal charge revolving around gun violence can be stressful, as the consequences can impact your life in so many ways. A Van Nuys Gun Crime Attorney can help you understand the charges brought up against you and the methods by which the gun was obtained or discovered and can help you know what type of legal action can be successful. California also has tight gun control laws and some convictions or court rulings can also affect a person’s future ability to legally own a gun. It will make a great difference if legal advice is obtained early, as each person’s situation is unique, based on its facts.
Criminal defense attorney discussing a firearm related case with a client.
Why the Details of the Arrest Matter
Factors of an arrest may go into a defense strategy. Questions could involve where police found the gun, if the police had a right to search, who had control of the gun and if the police made statements on the investigation, if these statements were lawfully obtained.
Possession cases can be more than just physically carrying a gun. Although according to instructions given to jurors in the State of California, this may be defined as the exercise of control over an object. A lawyer will be able to review police documents, eyewitness statements, physical evidence, photos, videos and any other records that are available, to uncover any inconsistencies or weaknesses in the prosecution’s case.
Possible Consequences of a Gun Crime Conviction
If the firearm is for a conviction, there are consequences that would depend on the nature of the charge, criminal history, circumstances and more. Such penalties as jail time, probation, fresh charges, prohibition on owning a gun or other possible court-related penalties may be applicable to a case.
It can be a complicated matter in felony situations. The situation might depend on factors such as the use of a weapon or force, and applicable sentencing laws and guidelines are considered in California courts. Under California law, some individuals with qualifying convictions are barred from possessing firearms and in some instances, firearms may be required to be surrendered following qualifying convictions.
How an Attorney Can Build a Defense
Good defense starts with analysis of the evidence and not speculation on what may have occurred. An attorney can research if the prosecution can establish all of the elements for the alleged crime. For instance, a defense attorney might be able to argue that the police searches were illegal, that identification was an issue, that there was insufficient evidence, or if the officers were searching for someone and if another person found the gun responsible.
The defense can also question the prosecution’s account of the events by presenting witness evidence, evidence from documents, evidentiary science, and discrepancies between documents and witnesses.
Once the case has gone to sentencing, an attorney may also have the ability to introduce the statistics and advocate for a good result. California sentencing laws mandate that the circumstances are taken into account when determining a sentence for any person.
Frequently Asked Questions
What Does a Gun Crime Attorney Do?
A gun crime lawyer advocates for those granted with gun law charges. They can conduct investigations, investigate evidence or circumstances of arrest, question legal problems, conduct negotiations with prosecutors, and defend the defendant in court.
Can a Gun Charge Be Defended?
Yes, the defense will be based on facts and applicable law. It is possible for an attorney to review the evidence to assess if the State has enough evidence to prove all the elements of the crime.
Can a Prior Conviction Affect a Firearm Case?
Yes, some beliefs may also be used as grounds to refuse someone’s gun license and could also give rise to further criminal penalties if a prohibited person has ever owned a gun.
Should I Speak With an Attorney Before Court?
Getting early legal counsel can be helpful in comprehending the accusation, what rights you have, and the potential complications. It can also provide your lawyer more time in which to delve into the details of your case.
Conclusion
The repercussions of a gun crime allegation may be far reaching. The proper defense strategy will be dependent on the nature of the allegations, evidence, history of offenses and situation of the specific firearm.
If you need professional legal counsel, the Law Offices of Justin E. Sterling might be able to help you if you are inquiring with respect to a criminal matter involving a firearm in the area of Van Nuys.