Being charged with a firearm offense in the state of California is scary and can come with life-altering and very serious consequences. Because of the seriousness of gun crimes, it is critical that you fully understand your rights and know what to expect. A firearm crimes defense lawyer with experience handling cases where defendants are facing firearms offenses is your best option.
Some of the most common strategies for defendants going up against gun charges include:
The defendant had no criminal intent when the offense occurred. It is up to the prosecution to show that you acted with criminal intent and that your actions were beyond a reasonable doubt. Failing that, then the charges against you hold no bearing.
The accused was acting in self-defense. The defendant had reason to believe that they or another person were facing imminent harm and might perhaps die or suffer serious injuries.
The alleged perpetrator had no knowledge that the weapon was present. For instance, the defendant was driving a vehicle that he borrowed and did not know that there was a firearm in the console.
The weapon was fired accidentally. It is possible that if you fired the gun in question accidentally, then a lack of knowledge may be argued, which speaks to your lack of intent to commit the gun offense.
Police misconduct was in play. The firearm was a product of an unlawful search and seizure, or the gun was part of a scheme to entrap the defendant.
Remember, with any criminal charge, the onus is on the prosecution to show that you are guilty beyond a reasonable doubt. It is the job of a great defense attorney to highlight any discrepancies or holes in the prosecution’s narrative against you. If your case makes it to a jury trial, these discrepancies can give the jury members reason to doubt that you are guilty, and if they are unsure of your guilt, then the prosecution cannot obtain a conviction.
These are just a few of the most common defenses for weapons charges in California. In some cases, a defense attorney may also negotiate with the prosecuting attorney in a weapons case to have the charges reduced based on the circumstances surrounding the events in question. It might also be the case that an attorney who understands California’s gun laws may file a motion to suppress evidence that might have been collected illegally or outside the scope of the investigation.