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Carrying a Loaded Firearm

Are you facing charges for Carrying a loaded firearm in Los Angeles?

Pursuant to California Penal Code Section 25850 it is a crime to carry a loaded firearm in a public place or in a vehicle. Carrying a loaded firearm is typically prosecuted as a misdemeanor unless there are certain aggravating factors.

Carrying a loaded firearm is a serious offense, and should not be taken lightly. If you are facing charges for carrying a loaded firearm in Los Angeles, or the surrounding counties, contact experienced Los Angeles criminal defense attorney Miles Booth at 424 272 1134.

Los Angeles Criminal Defense Lawyer Miles Booth

Los Angeles Criminal Defense Lawyer

How does the prosecution prove that I am guilty of carrying a loaded firearm?

CALCRIM 2530 lays out the elements that the prosecutor must prove for you to be found guilty of carrying a loaded firearm in California. To be convicted of carrying a loaded firearm under Penal Code Section 25850 the prosecutor must prove beyond a reasonable doubt that you;

  • Carried a loaded firearm on your person, or in a vehicle; and
  • Knew that you were carrying a firearm; and
  • You were in a public place or on a public street

Lets take a closer look at how the court defines these elements;


Firearm

The court defines a firearm as any device designed to be used as a weapon, from which a projectile is expelled or discharged through a barrel by the force of an explosion or other form of combustion. A BB gun or pellet gun is not considered a firearm for purposes of this statute.

Loaded

A firearm is considered loaded when it has an unexpended cartridge or shell in the firing chamber or in either a magazine or clip attached to the firearm.

Public Place

A public place is anywhere that is open for common and general use, and is accessible by anyone that wants to go there.

How can I defend myself against charges for Carrying a loaded firearm?

Being charged with carrying a loaded firearm can be overwhelming. These charges are aggressively prosecuted and your freedom is in jeopardy. A skilled Los Angeles criminal defense attorney can be your greatest asset in fighting these charges, restoring your good name, and protecting your liberty.

Some of the most common legal defenses to a carrying a loaded firearm charge are that;

  • You did not have knowledge that you were carrying a loaded firearm
  • The firearm was not loaded
  • You were not in a public place
  • You were caring the firearm for self-defense
  • You fall into a protected category which protects you from prosecution, such as a police officer, member of the military, or security guard
  • The firearm was uncovered due to an illegal search and seizure

Just because you have been accused of carrying a loaded firearm does not mean that you will be convicted. Call Los Angeles criminal defense attorney Miles Booth, to discuss how to best defend your case.

What are the Penalties for a Carrying a Loaded Firearm conviction?

Misdemeanor Carrying a Loaded Firearm

Carrying a loaded firearm is generally a misdemeanor offense, unless specific aggravating factors apply. A Misdemeanor carrying a loaded firearm conviction may result in;

  • Probation; and
  • Up to one year in county jail; and/or
  • A fine of up to $1,000

Felony Carrying a Loaded Firearm

You will be charged with felony carrying a loaded firearm if;

  • You have a prior felony or firearm conviction
  • You are a member of a street gang
  • The firearm was stolen and you knew, or had reason to know it was stolen
  • You were legally prohibited from possessing the firearm

A Felony carrying a loaded firearm conviction may result in;

  • Felony Probation; or
  • 16 months, 2 years or 3 years, in custody; and/or
  • A fine of up to $10,000

Additionally, carrying a loaded firearm can become a “wobbler” offense, which means it can be prosecuted as either a felony or a misdemeanor if certain aggravating circumstances exist.  These circumstances include;

  • A prior misdemeanor conviction against either a person or property; or
  • A prior misdemeanor conviction involving a narcotic or dangerous drug; or
  • If the gun was not registered to you with the Department of Justice

Note: if you have a prior conviction for assault with a deadly weapon under Penal Code Section 245a1, brandishing a weapon under Penal Code Section 417, or shooting into an inhabited dwelling under Penal Code Section 246 you will be required to serve a minimum of 90 days in custody.

Contact Los Angeles Criminal defense attorney miles booth

A conviction for carrying a loaded firearm in Los Angeles can have serious consequences. Your housing, future job prospects, and most importantly, immediate freedom are in jeopardy. It is foolish to fight these cases alone. It is important to have a skilled Los Angeles criminal defense attorney by your side.

As a former prosecutor, Miles Booth understands the complexities of these cases and the blueprints for beating, or substantially mitigating the charges. He has handled thousands of cases throughout Los Angeles County and will aggressively defend you to get the best outcome possible.

To learn more about your options going forward, contact Los Angeles criminal defense lawyer, Miles Booth, for a free consultation at 424 272 1134.

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