Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Learn About the Defense Options Available to You if You Are Charged with Being a Felon with a Firearm in California

All too frequently, a person accused with being a felon in possession of a handgun assumes they have no defense choices. The fact is that you may have more choices than you think. Continue reading to discover more about those choices, and then call Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation with a skilled criminal defense attorney.

You were aware of how the firearm came into your possession, right?

You must have known that the gun was in your hands in order to be convicted of a felon with a weapon allegation. You are not guilty if you were not. This also applies to a weapon that you believed wasn't working but really was. For example, you are not guilty of this felony if you believed the firearm in question was a toy.

You didn't have the firearm in your possession

Even though you were aware that the firearm was in your home, you did not have lawful possession of it. You are not guilty of possession if it was in the custody of another individual, such as a roommate, and you can establish that the weapon was not under your control.

The possession was just for a short time

It is permissible for you to own the firearm if you plan to dispose of it, destroy it, or abandon it right away. For example, if you find a handgun you unlawfully held at a previous house and take custody of it solely to legally dispose of it, you are not guilty. It is important to emphasize, however, that the goal of getting rid of it cannot be to prevent law authorities from obtaining the weapon.

In your possession, you were justifiable

You may have been justified in possessing the handgun in some circumstances. Consider what would happen if you were assaulted by someone with a gun and you took it away from them. You must, however, alert law police promptly so that an officer may take the gun from you or so that you can inform them that you are handing the pistol to them.

You were defending yourself

If you feel you or another person is in imminent risk of serious bodily damage or death, you have the right to use whatever force is required to halt or restrain the assailant. In order for this to apply to a felon with a firearm, the handgun must have come into your possession without your permission, and you must have solely used the gun to protect yourself.

If you are facing any type of firearm charge, call Law Office of Michael L. Fell at (949) 585-9055 right now to schedule a free legal consultation.