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Experienced Gun Lawyer Services in San Francisco: Geller Law, PC

Navigate complex firearms laws with Geller Law, PC, your experienced gun lawyers in San Francisco. We offer tailored defense strategies for gun charges to protect your rights.

 

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Understanding Gun Charges In San Francisco

Are you worried about how a gun charge could affect your future? In San Francisco, gun-related crimes come with serious and complex consequences. There are different types of charges, like misdemeanors and felonies, which determine how severe the penalties will be. For example, carrying a concealed weapon without a permit is a serious crime that can lead to significant jail time. These laws are connected to our Second Amendment rights and California’s strict gun regulations, which control firearms’ use, possession, and distribution.

San Francisco, like the rest of California, imposes stricter penalties for gun crimes. A misdemeanor gun crime, such as brandishing a firearm, can result in fines and possibly probation. On the other hand, a felony gun crime, like assault with a deadly weapon or a convicted felon possessing a firearm, can lead to imprisonment and the loss of civil rights. If the crime is classified as a federal offense, it may be moved to federal court, where the penalties are often more severe.

Types of Crimes and Potential Penalties:

  • Misdemeanor Firearm Offense: Unlawful carrying of a concealed weapon. Penalties include fines, probation, and a short jail term.
  • Felony Firearm Offense: Crimes such as assault with a deadly weapon or possession by a convicted felon. Penalties include long prison sentences and loss of civil rights.

Understanding these differences is crucial, especially when facing criminal charges. A strong defense is essential. At Geller Law, PC, we are dedicated to helping those facing gun charges. Our criminal defense law firm knows how to navigate the complex legal landscape of firearm-related offenses. We are committed to providing our clients a robust defense, ensuring their rights are protected, and working tirelessly to seek the best possible outcome. If you are facing gun charges, trust Geller Law, PC, to stand by your side and guide you through this challenging time.

Common Types Of Firearms Charges

In California, firearm-related offenses are taken very seriously. Understanding the common types of firearm charges can help you navigate the legal system more effectively. Here are some of the most frequently encountered firearm charges in California:

  1. Unlawful Carrying of a Concealed Weapon: This charge applies when someone is found carrying a concealed firearm without the proper permit.
  2. Unlawful Possession of a Firearm: This includes possession of a firearm by individuals prohibited from owning one, such as convicted felons, those addicted to narcotics or controlled substances, or individuals with certain restraining orders against them.
  3. Assault with a Deadly Weapon: Using a firearm to commit an assault and used in a manner likely to produce great bodily injury.
  4. Brandishing a Firearm: This occurs when someone exhibits a firearm in a threatening manner, not in self-defense.
  5. Illegal Sale or Transfer of a Firearm: Selling or transferring a firearm without going through a licensed dealer or without following California’s strict background check requirements.
  6. Possession of an Assault Weapon: California has specific laws regulating the possession of assault weapons, which are defined by state law.
  7. Felon in Possession of a Firearm: This charge applies when a convicted felon is found in possession of a firearm.
  8. Drive-By Shooting: Discharging a firearm from a moving vehicle with the intent to inflict harm.

Understanding these common firearm charges is crucial for anyone facing such accusations. If you find yourself charged with a firearm-related offense, it is essential to seek experienced legal counsel immediately. At Geller Law, PC, we are skilled in defending clients against these serious charges. We’re dedicated to protecting your rights and fighting for the best possible outcome for your case.

Legal Implications And Penalties

Understanding the penalties associated with firearm charges in California is crucial for anyone facing such accusations. Here are the common firearm charges and their associated penalties under California law:

Unlawful Carrying of a Concealed Weapon (Penal Code 25400):

This can be charged as a misdemeanor or a felony. Misdemeanor penalties include up to 1 year in county jail and/or a fine of up to $1,000. Felony penalties include 16 months, 2 or 3 years in county jail.

Unlawful Possession of a Firearm (Penal Code 29800):

This is a felony offense, with penalties including 16 months, 2 or 3 years in state prison.

Assault with a Deadly Weapon (Penal Code 245(a)(2)):

This is a felony, punishable by 2, 3, or 4 years in state prison and/or a fine of up to $10,000.

Brandishing a Firearm (Penal Code 417):

Misdemeanor penalties include at least 3 months and up to 1 year in county jail. If done in the presence of a peace officer, it can be charged as a felony with up to 3 years in state prison.

Illegal Sale or Transfer of a Firearm (Penal Code 27545):

This is typically charged as a misdemeanor, with penalties including up to 1 year in county jail and/or a fine of up to $1,000. It can be charged as a felony under certain circumstances, with more severe penalties.

Possession of an Assault Weapon (Penal Code 30605):

This is a felony offense, with penalties including up to 1 year in county jail (if charged as a misdemeanor) or 16 months, 2 or 3 years in state prison (if charged as a felony).

Felon in Possession of a Firearm (Penal Code 29800):

This is a felony offense, with penalties including 16 months, 2 or 3 years in state prison.

Drive-By Shooting (Penal Code 26100):

This is a felony offense. Penalties include up to 7 years in state prison for firing at an unoccupied building or vehicle, and up to 10 years if firing at an occupied building or vehicle. If injury occurs, penalties increase significantly.

At Geller Law, PC, we are dedicated to defending clients against these serious charges and are committed to protecting your rights and achieving the best possible outcome for your case.

Contact Geller Law, PC Today for a Strong Defense

Dealing with gun charges in San Francisco can be complex and daunting. Whether it’s possession or illegal discharge, each type of charge comes with its own set of challenges. Understanding California’s firearm laws is crucial, as any misstep can have serious consequences.

Defense Strategies and Legal Services

At Geller Law, PC, based in San Francisco, we are dedicated to protecting your rights. Our experienced attorneys provide comprehensive legal defense tailored to your specific situation. Here are some of the key strategies and services we offer:

  • Challenging the Firearm’s Legality: Proving the weapon complies with state regulations.
  • Circumstances of Possession: Showing the firearm was legally obtained and held.
  • Disproving Alleged Intent: Demonstrating that you had no intention to use the firearm illegally.
  • Lack of Knowledge: Proving you were unaware of the firearm’s presence or legality.
  • Contesting Search and Seizure: Challenging the legality of the search and seizure that found the firearm.
  • White Collar Crimes: Expertise in embezzlement and fraud cases involving firearms.
  • Public Defender Collaboration: Working with the public defender’s office when needed.

Involving a defense lawyer early on is essential. We analyze each part of the prosecution’s case to defend your constitutional rights, including your Second Amendment rights and civil liberties. New residents should also review transfer laws set by the California Department of Justice.

Contact Us Today

At Geller Law, PC, we stand ready to provide robust legal defense, ensuring we leave no stone unturned in safeguarding your rights. Whether it’s a misunderstanding or wrongful accusation, we are committed to defending your interests thoroughly. Contact us to discuss the specifics of your case and how we can help you navigate these legal challenges.