Gun Crimes

Passionate Modesto Criminal Attorney Standing Up for the Rights of Clients Charged with Firearms and Weapons Offenses

During the 1980s and 1990s, California lawmakers passed some of the harshest gun crimes and weapons offenses in the country. While mere possession of an unlicensed firearm is a misdemeanor, most other firearm offenses are felonies, meaning they carry the potential for a lengthy jail sentence. Not only that, but if convicted, you may never be able to legally own a gun again. At the Law Office of Rebecka A. Monez, our Modesto criminal defense attorney aggressively defends clients facing all types of Stanislaus County gun crimes.

Common Gun Crimes in Stanislaus County

The California Penal Code contains many different gun and weapons offenses. Below is a list of some of the most commonly charged gun crimes in Stanislaus County:

Examples of Infractions

• Assault with a deadly weapon (Penal Code § 245(a)(2));
• Brandishing a firearm (Penal Code § 417(a)(2));
• Assault with a machinegun (Penal Code § 245(a)(3));
• Assault with a semiautomatic firearm (Penal Code § 245(b);
• Firearm assault against a police officer (Penal Code § 245(d)(1) – (3);
• Felon in possession of a firearm (Penal Code § 29800(a)(1));
• Unlicensed sale of a firearm (Penal Code § 26500); and
• Possession of an unregistered firearm (§ 25850).

While a few gun crimes are considered misdemeanors, most are felony offenses. As a result, California firearm crimes are incredibly serious and often carry a lengthy jail sentence for those who are convicted of these offenses. Additionally, if the government is claiming that you used a firearm in connection with another crime, you may face sentencing enhancements.

California Firearm Sentencing Enhancements

California law is unique in that it provides for a variety of sentencing enhancements. While enhancements can be based on several different circumstances, those involving the possession or use of a firearm during the commission of a crime are perhaps the most common. In this way, the application of a firearm sentencing enhancement effectively punishes you twice for the same conduct, although courts have been clear that these enhancements do not violate the Double Jeopardy Clause.

Some of the most commonly used gun enhancements include:

• Possession of a firearm during the commission of a felony (Penal Code § 12022);
• Personal use of a firearm during the commission of a felony (Penal Code § 12022.5);
• Personal use of a firearm during the commission of a serious or violent felony (Penal Code § 12022.53);
• A principal (other than the defendant) was armed with a firearm during the commission of a felony (Penal Code § 12022(d));
• Possession of ammunition or body armor while possessing a firearm during the commission of a felony (Penal Code §12022.2);
• Furnishing a firearm to another person who commits a felony (Penal Code § 12022.4); and
• Intent to inflict great bodily injury or death by discharging a firearm from a vehicle (Penal Code § 12022.55).

Sentencing enhancements can add decades to your sentence. However, Recent California criminal justice reform measures allow judges to exercise their discretion when deciding whether to apply an enhancement. Thus, while a judge has the option to strike an enhancement in many cases, they are not required to do so. This is why it is so important to have an experienced Modesto criminal defense attorney at your side throughout the process to ensure that, if you can't beat your case, your sentence is as low as possible.