"Assault Weapon" Possession in California - Penal Code 30605 PC - "Can I Go to Jail?"

Описание: California criminal defense attorney Neil Shouse of Shouse California Law Group explains possession of an assault weapon under Penal Code 30605 PC.

More info at https://www.shouselaw.com/ca/defense/... or call (855) 999-7755 for a free consultation.

Penal Code 30605 PC: Possession of an Assault Weapon in California Explained

Under California Penal Code 30605 PC, it is a crime to possess an assault weapon within the state. California law recognizes two distinct types of possession: actual and constructive. Actual possession means you have direct, physical control over the weapon, such as carrying it in a backpack or having it on your person. Constructive possession means you have access to the weapon or the right to control it, such as keeping it securely in your bedroom or the trunk of your vehicle. The state defines "assault weapons" broadly under PC 30515, which includes certain semiautomatic centerfire rifles and shotguns with revolving cylinders.

A violation of PC 30605 is considered a "wobbler" offense in California. This means prosecutors have the discretion to file the charge as either a misdemeanor or a felony. If charged as a misdemeanor, a conviction is punishable by up to one year in county jail and a fine of up to $1,000. If charged as a felony, the penalties increase significantly, carrying up to three years in county jail. In very limited circumstances involving a first-time offense with no more than two firearms, it may be charged as an infraction carrying only a $500 fine.

Fortunately, an arrest is not a conviction. An experienced criminal defense attorney can mount a strong legal defense to fight these charges. Successful strategies often include proving that you are legally exempt from prosecution (such as being the administrator of an estate), demonstrating that you did not actually or constructively possess the weapon, or showing that law enforcement discovered the firearm through an illegal search and seizure that violated your Fourth Amendment rights.

If you or a loved one is charged with a crime we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.