Orange County Felon in Possession of a Firearm Lawyer
If you have been accused of gun possession with a previous felony conviction, few defense attorneys are as uniquely qualified to take your case as the lawyers at Law Office of Michael L. Guisti. With over two decades of criminal defense experience, we can help you navigate through the charges and penalties you face as a felon in possession of a firearm.
The right to own and carry firearms is clearly guaranteed by the Constitution. However, this right is relinquished when a person is convicted of a felony. Under California Penal Code 29800, commonly known as the "felon with a firearm" law, the following groups are not allowed to purchase or own a firearm:
- Individuals convicted of any felony offense
- Individuals convicted of certain misdemeanors
- Individuals addicted to narcotic drugs
For those who fall into one of these three groups, the act of possessing a gun is illegal. Following a felony conviction, the right to own a gun is lost for a minimum of ten years. In some cases, firearm rights can be revoked for life. Those convicted of felonies as a juvenile are permitted from owning a gun until the age of 30.
Don’t wait a moment longer. State prosecutors won’t hesitate to push for the maximum sentence. The longer you delay retaining legal counsel, the stronger their case will become against you. Contact Law Office of Michael L. Guisti and get the help you need to avoid further loss of rights and freedoms. Call (714) 530-9690 and schedule a consultation today.
For a person to be found guilty of breaking the "felon with a firearm" law, the prosecution must prove:
- Defendant owned, purchased, received, or possessed a firearm
- Defendant was aware they owned, purchased, received, or possessed a firearm
- Defendant was previously convicted of a felony or certain misdemeanor offense
In these cases, the firearm doesn’t even need to be in working order for a person to be charged with a crime. As long as the gun appears to be fully functioning, it is illegal to be possessed by a convicted felon. The firearm doesn’t have to be loaded or to have any ammunition near - simply owning or possessing the weapon is more than enough. The gun doesn’t even have to be in the felon’s home or on their person; firearms found in vehicles or property owned by the felon are also illegal.
The "felon with a firearm" law operates strict penalties. If convicted, you may face mandatory minimum sentences of 16 months in jail and up to a $10,000 fine, along with forfeiture of your weapon. For legal immigrants or undocumented individuals living in California, a "felon with a firearm" conviction could result in deportation.
Understand that each case is unique and only an experienced Orange County criminal defense attorney will be able to properly advise you. If you or a loved one is charged under Penal Code 29800, contact Law Office of Michael L. Guisti to schedule a consultation immediately. We will be glad to discuss your defense options and answer all legal questions you may have. Dial (714) 530-9690 and speak to one our representatives today.
Whether you're facing a felony or a misdemeanor, don't risk a conviction. Act quickly to redeem your reputation and protect your record by consulting with our Orange County criminal defense lawyer. Call today to schedule your free consultation.