When a person is convicted of a felony in California, it is almost guaranteed that they will lose their Second Amendment right to bear arms. Most felons know this yet some still decide to own a firearm. What happens if they are caught breaking this or other firearms laws? Read on to get an answer then contact Law Office of Michael L. Fell at (949) 585-9055 if you need a free legal consultation.

The prosecution has many things to prove

In order for the prosecution to secure a conviction, they must prove that the suspect has a felony conviction or one of a few misdemeanor offenses that necessitate that they cannot own a firearm or that they are addicted to a narcotic drug. They must also prove that the suspect owned, bought, received, or possessed a firearm, and that they knew of the presence of the firearm.

Convictions that can disqualify a person from owning a firearm

Any felony can prevent a person from owning a firearm. There are then certain misdemeanors that can lead to the same result. They include assault with a deadly weapon, certain sex-related crimes, and brandishing a weapon.

Potential penalties for a felony who possesses a firearm

If a felon is found to be in possession of a firearm, they could be facing an additional felony charge. If they are convicted, they could be spending 16 months, 24 months, or 36 months in county jail. They could also be facing fines of as much as $10,000. They will also have to relinquish the weapon in question. If they are a legal immigrant then they could be deported.

There are defense options

The good news is that no matter how helpless you may feel at this moment, there are defense options. In most cases, the hardest element that the prosecution must prove is that the charged party possessed a firearm. Remember that “possession” means that it must have either been in the person’s physical possession, or constructive possession, which means that they had access and the right to control it, such as if it was locked in a safe for which the defendant had the combination.

If the gun was not physically on the person who is being charged then their attorney can argue that it was not in their possession. The state much then proven that the person knew about the presence of the gun. If the gun was found in the same vehicle as the accused, then it may be easy enough to prove that they did not actually know it was in the same vehicle.

Regardless of the situation, there are always options. Even if there is a wealth of evidence against you, a skilled criminal defense attorney can help you move forward with your life. Contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation to get the process started.