Gun Charge Defense | Sodhi Law Group Modesto
You have the right to bear arms, is one of the most recognized amendments from the United States Constitution. This means you can choose to own a weapon, however, there are many laws that come with this amendment and every state has different laws. California gun laws are one of the most strict and complicated in the United States and can be very confusing.
Gun charges can be misdemeanors or felonies and can have very extreme consequences and can negatively affect the rest of your life. Possessing and selling a gun illegally, or criminal possession and use of a gun are serious crimes and can result in mandatory jail time. Fortunately, there are many gun charge defenses that can be used.
Gun charge defense examples:
- Self Defense
- Not enough evidence
- No intent
- Not a firearm
- Someone else did it
- Did not meet all elements of the offense
One of the most common defenses for gun charges is possession. Gun charges demand proof that the defendant in fact owned or possessed the firearm. If the defendant is not in actual possession of the gun it may be hard for the prosecution to provide evidence thereof. This proof of evidence would have to include Constructive possession, meaning that the defendant had access to the gun and intent to control the gun.
Another common gun charge defense is suppression of evidence. This defense is used if there is evidence obtained illegally. If there is proof that evidence was obtained illegally, the judge can rule that it not be shown in court. For example, an unlawful search and seizure, proof that evidence was planted or if a warrant was not obtained prior to.
Understanding gun laws and the right gun charge defenses can be difficult and if not understood correctly and can lead to a negative outcome of the trial. Hiring a strong defense attorney on your side is critical to ensure the process of the trial is done efficiently and as advantageously as possible.
Contact Sodhi Law Group of Modesto
The Sodhi Law Group is a highly successful law firm located in Modesto, California. We specialize in Criminal Defense, Civil Litigation, Personal Injury, Contracts and Transactions, and many other legal services. Jak Sodhi, Ameet Birring, and their team of professionals offer more than 20-plus years of legal experience and over 90% successful court cases since 1999*.
This blog does not create an attorney-client relationship. This blog is legal information and should not be seen as legal advice. You should consult with an attorney before you rely on this information.
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