California firearm laws are complex, and a weapons arrest can quickly turn an otherwise manageable criminal case into a serious felony prosecution.
Gun charges may arise from a traffic stop, search of a vehicle or residence, domestic violence investigation, probation or parole search, or another criminal investigation. In many cases, one of the most important questions is not simply whether a firearm was found, but whether prosecutors can prove the defendant knowingly possessed it and whether law enforcement obtained the evidence legally.
Fresno criminal defense attorney Gregory W. Fox has more than 20 years of experience defending clients accused of criminal offenses throughout Fresno and Central California.
California Firearm and Weapons Charges
Our office can defend allegations involving:
- Carrying a concealed firearm
- Carrying a loaded firearm
- Felon or prohibited person in possession of a firearm
- Unlawful possession of ammunition
- Possession of prohibited weapons
- Possession of an unserialized or unlawfully configured firearm
- Brandishing a weapon
- Firearm possession connected to another criminal charge
- Assault involving a firearm
- Firearm sentencing enhancements
- Illegal sale or transfer allegations
- Weapons allegedly discovered during vehicle or home searches
Because California’s firearm laws contain numerous exceptions and restrictions, the specific facts surrounding possession can be extremely important.
Possession Is Often a Key Issue
Finding a firearm near someone does not necessarily establish that person illegally possessed it.
Weapons cases frequently involve questions about actual and constructive possession.
For example, police may discover a firearm inside a vehicle occupied by several people or inside a residence shared by multiple occupants. The prosecution may then attempt to establish who knew about the weapon and who exercised control over it.
Those questions can become central to the defense.
Was the Search Legal?
Many weapons prosecutions begin with a search.
Police may discover a gun after stopping a vehicle, entering a residence, conducting a probation search, executing a warrant, or searching a person.
The Fourth Amendment limits unreasonable searches and seizures. A defense attorney can examine:
- Why the initial detention occurred
- Whether officers had lawful grounds for a traffic stop
- Whether consent to search was actually given
- The scope of any consent
- Whether a warrant was valid
- Whether officers exceeded the scope of a warrant
- Whether an exception to the warrant requirement applied
If important evidence was obtained in violation of constitutional protections, the defense may seek to have that evidence suppressed.
Firearms Connected to Other Criminal Charges
The stakes can become substantially higher when prosecutors allege that a firearm was possessed or used during another offense.
Gun allegations may accompany charges involving assault, robbery, domestic violence, drugs, gang allegations, attempted murder, or homicide. Depending on the circumstances, prosecutors may also allege firearm enhancements that increase potential punishment.
That makes it particularly important to analyze both the underlying criminal charge and the firearm allegation.
Defenses to Gun and Weapons Charges
Potential defenses vary according to the case but may include:
- Lack of knowing possession
- Illegal search or seizure
- The weapon belonged to someone else
- Lack of evidence establishing control over the firearm
- Lawful possession
- Self-defense issues
- Mistaken identity
- Problems with witness credibility
- Failure to establish an element of the charged offense
A firearm being introduced into evidence does not eliminate the prosecution’s obligation to prove every required element beyond a reasonable doubt.
Fresno Gun Charge Defense Attorney
Weapons charges can threaten your freedom, criminal record, and ability to legally possess firearms in the future.
Gregory W. Fox personally handles his clients’ criminal cases and represents defendants facing misdemeanor and felony charges throughout Fresno and Central California.
If you have been arrested for a gun or weapons offense—or believe you are under investigation—call (559) 222-5800 to request a consultation.