Los Angeles Weapons Charges Defense: Expert Attorneys for All Firearm and Weapon Cases at Rogers | Beltran LLP
Facing weapons charges in Los Angeles can lead to severe consequences, including jail or prison time, substantial fines, and a criminal record that impacts your employment, housing, and personal life. At Rogers | Beltran LLP, our experienced Los Angeles weapons charges defense attorneys regularly defend clients against all weapons-related offenses, including possession of an assault weapon, possession of a loaded firearm, gross negligent discharge of a firearm, felon in possession of a firearm, possession of a dirk or dagger, brandishing a weapon, possession of a prohibited weapon, and ghost gun violations. With our deep expertise in California’s strict weapons laws, we fight aggressively to protect your rights and secure the best possible outcome. Below, we explain common weapons charges, what the prosecution must prove, effective defenses, potential penalties, and why you need our skilled legal team to navigate these complex cases.
Common Weapons Charges in California
California enforces some of the nation’s toughest weapons laws, and Los Angeles prosecutors rigorously pursue convictions. At Rogers | Beltran LLP, we handle all weapons charges, including but not limited to the following under the California Penal Code:
1. Possession of an Assault Weapon (PC § 30605)
- Description: Unlawfully possessing a firearm classified as an assault weapon, such as certain semi-automatic rifles or shotguns, without a permit.
- Key Factors: Typically a felony; involves unregistered or prohibited firearms.
2. Possession of a Loaded Firearm (PC § 25850)
- Description: Carrying a loaded firearm in a public place or vehicle without a concealed carry permit.
- Key Factors: A misdemeanor or felony “wobbler,” depending on criminal history or firearm registration.
3. Gross Negligent Discharge of a Firearm (PC § 246.3)
- Description: Discharging a firearm in a grossly negligent manner that risks injury or death (e.g., firing into the air in a crowded area).
- Key Factors: A misdemeanor or felony “wobbler”; intent to harm is not required.
4. Felon in Possession of a Firearm (PC § 29800)
- Description: Possessing a firearm as a convicted felon or person prohibited by law (e.g., due to a restraining order or mental health history).
- Key Factors: A felony; carries severe penalties due to prohibited status.
5. Possession of a Dirk or Dagger (PC § 21310)
- Description: Carrying a concealed dirk or dagger (a knife or stabbing weapon) without a permit.
- Key Factors: A misdemeanor or felony “wobbler”; intent to use as a weapon may influence charges.
6. Brandishing a Weapon (PC § 417)
- Description: Displaying a firearm or deadly weapon in a threatening or angry manner, not in self-defense.
- Key Factors: Typically a misdemeanor; can escalate to a felony if a firearm is involved in a public place.
7. Possession of a Prohibited Weapon (PC § 16590)
- Description: Possessing weapons like nunchucks, switchblades, or short-barreled rifles without authorization.
- Key Factors: Usually a misdemeanor; severity depends on the weapon type.
8. Ghost Gun Violations (PC § 29180)
- Description: Possessing, manufacturing, or transferring unserialized firearms or precursor parts (e.g., 80% receivers) without a California DOJ serial number.
- Key Factors: A misdemeanor or felony, intensified by laws like AB 1621 (2022) banning unserialized firearms.
9. All Other Weapons Charges
- Description: Our firm handles every type of weapons-related offense, including carrying a concealed firearm (PC § 25400), illegal sale or transfer of firearms (PC § 27500), and possession of ammunition by a prohibited person (PC § 30305).
- Key Factors: We tailor defenses to the specific charge, ensuring comprehensive representation.
What the District Attorney Must Prove in Weapons Charges Cases
To secure a conviction for weapons charges, the Los Angeles DA must prove specific elements beyond a reasonable doubt, depending on the offense. Our attorneys at Rogers | Beltran LLP leverage these requirements to build robust defenses:
For Possession of an Assault Weapon (PC § 30605):
- Possession: You knowingly possessed an assault weapon.
- Knowledge: You knew or should have known its characteristics.
- No Exemption: You lacked a permit or lawful exemption.
For Possession of a Loaded Firearm (PC § 25850):
- Possession: You carried a loaded firearm in a public place or vehicle.
- Knowledge: You knew the firearm was loaded.
- No Permit: You lacked a concealed carry permit.
For Gross Negligent Discharge of a Firearm (PC § 246.3):
- Discharge: You fired a firearm.
- Gross Negligence: You acted with reckless disregard for safety.
- No Justification: The discharge was not legally justified.
For Felon in Possession of a Firearm (PC § 29800):
- Possession: You knowingly possessed a firearm.
- Prohibited Status: You were a convicted felon or otherwise prohibited.
- No Exemption: You lacked a lawful exemption.
For Possession of a Dirk or Dagger (PC § 21310):
- Possession: You carried a concealed dirk or dagger.
- Knowledge: You knew the item was a weapon and concealed it.
- No Exemption: You lacked a lawful purpose or permit.
For Brandishing a Weapon (PC § 417):
- Display: You displayed a weapon in a threatening manner.
- Intent: You acted angrily or rudely, not in self-defense.
- Public Setting: The act occurred in a public place (for felony charges).
For Possession of a Prohibited Weapon (PC § 16590):
- Possession: You knowingly possessed a prohibited weapon.
- No Exemption: You lacked authorization or a lawful purpose.
For Ghost Gun Violations (PC § 29180):
- Possession or Manufacture: You knowingly possessed or manufactured an unserialized firearm or precursor part.
- Lack of Serialization: The firearm lacked a DOJ-issued serial number.
- No Compliance: You failed to comply with DOJ regulations.
The DA relies on evidence like seized weapons, forensic analysis, police reports, or witness testimony. Our Los Angeles weapons charges attorneys at Rogers | Beltran LLP challenge this evidence to protect your rights.
Common Defenses to All Weapons Charges in Los Angeles
Our experienced attorneys at Rogers | Beltran LLP employ tailored defenses to fight all weapons charges, including:
- Lack of Knowledge:
- If you were unaware you possessed the weapon or its illegal nature, you may not be guilty.
- Example: A ghost gun was in a bag you borrowed without your knowledge.
- Self-Defense or Castle Doctrine:
- If you possessed or used a weapon to protect yourself or others, especially in your home (PC § 198.5), your actions may be justified.
- Example: You brandished a firearm to stop a home intruder.
- Illegal Search and Seizure:
- If police obtained evidence through an unlawful search, it may be suppressed.
- Example: Officers searched your vehicle without probable cause.
- Lawful Purpose or Exemption:
- If you possessed the weapon for a lawful purpose (e.g., work-related use for a dirk or dagger) or had a permit, charges may not apply.
- Example: You carried a concealed firearm with a valid permit.
- False Allegations or Mistaken Identity:
- Charges may stem from misidentification or false claims.
- Example: A witness wrongly accused you of brandishing a weapon.
- No Gross Negligence:
- For PC § 246.3, if your actions were not reckless, you may not be liable.
- Example: You discharged a firearm in a safe, controlled setting.
- Compliance with Regulations:
- For ghost gun charges, if you applied for a DOJ serial number, you may avoid liability.
- Example: You were in the process of serializing a homemade firearm.
Our Los Angeles weapons charges defense lawyers thoroughly investigate your case to identify the most effective defense strategy for any weapons-related offense.
Potential Penalties for Weapons Charges in California
Penalties for weapons charges vary depending on the offense and whether it’s charged as a misdemeanor or felony. As of July 20, 2025, potential consequences include:
Misdemeanor Weapons Charges
- Jail Time: Up to 1 year in county jail (e.g., PC § 25850, PC § 21310, PC § 417, PC § 16590, PC § 29180).
- Fines: Up to $1,000 (plus court fees).
- Probation: Up to 3 years of informal probation, with conditions like community service or firearm surrender.
- Firearm Prohibition: Ban on owning or possessing firearms.
Felony Weapons Charges
- Prison Time:
- PC § 30605: Up to 7 years in state prison.
- PC § 25850: 16 months, 2, or 3 years in state prison.
- PC § 246.3: 16 months, 2, or 3 years in state prison.
- PC § 29800: 16 months, 2, or 3 years in state prison.
- PC § 21310: 16 months, 2, or 3 years in state prison.
- PC § 417: Up to 3 years in state prison (if a firearm in a public place).
- PC § 29180: 16 months, 2, or 3 years in state prison.
- Fines: Up to $10,000 (plus fees).
- Probation: Formal probation in some cases, with conditions like restitution.
- Felony Record: Impacts employment, housing, and professional licenses.
- Strike Offense: Some charges (e.g., PC § 246.3) may count as a “serious” felony under California’s Three Strikes Law.
Additional Consequences
- Immigration Consequences: Non-citizens may face deportation, especially for felony convictions.
- Employment Challenges: A criminal record limits job opportunities, particularly in roles requiring background checks.
- Professional License Impacts: Affects licenses for professions like law or security.
- Civil Lawsuits: Victims may sue for damages (e.g., under SB 1327 for ghost guns, allowing $10,000 per illegal firearm), increasing financial liability.
Why Choose Rogers | Beltran LLP for All Weapons Charges Defense?
At Rogers | Beltran LLP, we bring extensive experience defending clients against all weapons charges in Los Angeles, including but not limited to:
- Possession of assault weapons (PC § 30605)
- Possession of loaded firearms (PC § 25850)
- Gross negligent discharge of firearms (PC § 246.3)
- Felon in possession of firearms (PC § 29800)
- Possession of a dirk or dagger (PC § 21310)
- Brandishing a weapon (PC § 417)
- Possession of prohibited weapons (PC § 16590)
- Ghost gun violations (PC § 29180)
Our attorneys have a proven track record of securing dismissals, reduced charges, and favorable plea deals across the spectrum of weapons offenses. We understand the nuances of California’s complex firearms and weapons laws and leverage our expertise to challenge evidence, assert defenses like self-defense or unlawful searches, and protect your future. Our personalized, aggressive representation ensures the best possible outcome for your case.
What Else Should You Know About Weapons Charges in Los Angeles?
Weapons charges in Los Angeles are aggressively prosecuted due to California’s stringent gun and weapons laws and the city’s high-crime environment. Here are key details to understand:
The Weapons Charges Defense Process in Los Angeles
- Investigation: Police investigate using seized weapons, forensic evidence (e.g., ballistics, fingerprints), witness statements, or bodycam footage, often involving specialized gun crime units.
- Arrest and Booking: You may be arrested and held without bail for felony charges or released on bail for misdemeanors.
- Court Proceedings: Your case involves arraignment, pre-trial motions, and possibly a trial. Plea deals may reduce charges to lesser offenses like disturbing the peace (PC § 415).
- Diversion Programs: For misdemeanor charges, judicial diversion (PC § 1001.95) may be available for first-time offenders, dismissing charges upon completion of conditions.
Why You Need a Los Angeles Weapons Charges Attorney
Navigating weapons charges requires legal expertise due to complex laws and severe penalties. Our attorneys at Rogers | Beltran LLP can:
- Challenge the prosecution’s evidence, such as proof of possession or intent, to seek dismissal or reduction.
- Argue lawful exemptions, self-defense, or California’s castle doctrine (PC § 198.5) for home defense cases.
- Represent you in court to protect your rights and future.
- Mitigate impacts on your employment, professional licenses, or immigration status.
How to Protect Yourself After a Weapons Charge
- Do Not Discuss the Case: Avoid talking about the incident with anyone except your attorney, as statements can be used against you.
- Document Evidence: Keep records of permits, receipts, or witnesses supporting your defense (e.g., proof of lawful possession or DOJ compliance).
- Hire an Attorney Immediately: Early intervention can lead to dismissed charges or reduced penalties.
- Comply with Court Orders: Follow bail conditions to avoid additional charges.
Los Angeles-Specific Considerations
- Urban Context: Los Angeles’s high-crime areas (e.g., South LA, Downtown, Hollywood) and strict LAPD enforcement, including nearly 1,800 ghost guns seized in 2021, increase weapons charge allegations, especially during traffic stops or raids.
- Local Courts: Cases are heard in courts like the Los Angeles Superior Court, Compton Courthouse, or Van Nuys Courthouse, each with unique procedures.
- Police Enforcement: LAPD uses advanced tools like ballistics, digital forensics, and online purchase tracking, which can be challenged for procedural errors.
Contact Rogers | Beltran LLP for Expert Defense Against All Weapons Charges in Los Angeles
No matter the weapons charge you face, Rogers | Beltran LLP is here to help. Our skilled Los Angeles weapons charges attorneys have the expertise to defend against all firearms and weapons offenses, from assault weapons and ghost guns to brandishing and prohibited weapons. Visit www.rogersbeltran.com to learn how we can protect your future.
Call us today at (213) 900-9004 or fill out our online contact form for a free, confidential consultation. Let us fight for your rights and achieve the best possible outcome.