For most of us, the thought of facing criminal charges is terrifying, let alone gun charges that could result in jail time. California has some of the strictest gun laws in the country. A first-time gun charge in CA could result in severe legal consequences.
Hire a Gun Crime Lawyer
At Kolacia Law, we know there are few feelings worse than being accused of something you may not have even realized was illegal. We also know that with the right guidance and representation, many first-time offenders can mitigate penalties and even avoid conviction.
When facing a possible gun crime conviction, you need to hire a gun crime lawyer familiar with California’s gun crime laws and how they could affect your case. Possessing a firearm illegally can result in severe penalties without the right representation.
Gun Deaths in California
Gun crimes carry steep penalties because of the high potential for guns to lead to life-changing consequences. Gun-related deaths are a concern in California and the United States. According to the National Center for Health Statistics, there were2,853 gun deaths in California in 2024.
California is the 7th lowest state for gun deaths in the country. California’s gun death rate is 7 per 100,000 residents. Gun deaths havedecreased 8% in California from 2015 to 2024, while the national gun death rate has increased 18%.
Common First-Time Gun Charges in California
California prohibits the possession, use, and sale of many types of firearms. Some common first-time gun charges include:
- Possession of an unregistered firearm – All firearms in California must be registered with the state. Unregistered firearms often result from out-of-state purchases or intrafamily transfers. Without registration, possession is illegal.
- Carrying a concealed firearm without a permit – Carrying a concealed gun on your person or in a vehicle without a valid California concealed carry (CCW) permit is illegal.
- Possession of a firearm by a prohibited person – Certain prior convictions prohibit gun ownership and possession in California.
- Brandishing a firearm – Displaying a firearm in a threatening manner is considered brandishing and can lead to charges, even if the weapon is legally owned and unloaded.
- Negligent discharge of a firearm – Discharging a firearm through negligence or carelessness often brings criminal charges, even when no one is harmed.
Factors that Influence First-Time Gun Charge Penalties
Sentencing for first-time gun charges depends on the specific offense and the circumstances surrounding the case. Factors judges consider include:
- Type of gun charge – Sentences tend to increase with the seriousness of the offense. Brandishing a weapon can be penalized more severely than possession of an unregistered firearm.
- Whether the gun was loaded – Unloaded weapons are often viewed as less dangerous.
- Criminal history – First-time offenders with no prior record may receive lighter sentencing.
- Age of the offender – Minors may be tried through juvenile court systems.
- Use of a gun during a crime – Gun charges related to a violent crime often lead to harsher sentences.
- Cooperation with authorities – Admitting fault and aiding investigations can reflect positively on sentencing.
Penalties for Minor First-Time Gun Offenses
For less serious first-time offenses like failing to properly register a firearm or letting a concealed carry permit lapse, sentencing often involves:
- Fines
- Probation
- Mandatory gun safety courses
While these penalties seem light compared to violent offenses, any criminal conviction carries lifelong consequences affecting employment and gun ownership rights.
Penalties for Serious First-Time Gun Crimes
With felonies and violent offenses, first-time offenders may face:
- Months or years in jail
- Felony charges
- Loss of gun ownership rights
- Lengthy probation periods
Brandishing an unlicensed weapon, negligent discharge resulting in injury or death, or possession during a violent crime often lead to felony charges, even without prior convictions.
Enhanced Penalties Under California’s 10-20-Life Law
Under California’s 10-20-Life law, repeat offenders face escalating mandatory minimum sentences:
- 10 years for a second felony gun offense
- 20 years to life for a third felony gun offense
These enhanced penalties apply to charges like brandishing a firearm, discharging a firearm in a grossly negligent manner, or using a gun during a felony, among others.
With prior felonies, even minor subsequent gun charges can trigger decade-long sentences.
Gun Ownership Prohibited Categories
California restricts gun ownership based on several categories. If you are convicted of certain misdemeanors or felonies, or if you fall into one of several other categories, your right to own a firearm could be temporarily suspended or lost permanently.
Lifetime firearm prohibitions occur when:
- Convicted of, or have an outstanding warrant for, a felony.
- Convicted of a violent offense
- Two convictions for brandishing a firearm in a threatening manner.
- Convicted of certain gun-related misdemeanors.
- Convicted of a misdemeanor domestic violence charge.
- Any person found by a court to suffer from specific types of mental health disorders.
- Any person dishonorably discharged from the military.
Ten-year firearm prohibitions occur when convicted of:
- Threatening certain public or state-employed officials.
- Intimidating witnesses, victims, or informants with or without the use of force.
- Unauthorized possession of a firearm in a restricted area.
- Violent crimes such as assault, battery, or sexual battery.
- Improperly owning, storing, purchasing, or selling a firearm.
The court can impose additional bans of various lengths as a condition of parole or probation, or when someone is going through a mental health crisis.
Hiring a Lawyer to Combat First-Time Gun Charges
For those facing first-time gun charges in California, consulting an experienced criminal defense attorney should be the first call you make. A weapons charges lawyer can:
- Negotiate plea bargains to lesser charges
- Secure enrollment in diversion programs like Deferred Entry of Judgment to avoid conviction
- Explore options to expunge qualifying charges from your record
While penalties vary based on the charges and your history, a conviction often means losing gun rights, certain professional licenses, and ineligibility for student loans. For immigrant defendants, charges like these can trigger deportation.
Defense Strategy Options for First-Time Gun Charges
A solid defense strategy can be the difference between facing harsh penalties and having your case dismissed or the charges reduced. First-time gun crime offenders should not rely on chance. Depending on the facts of your case, possible defense strategies include:
- Arguing a lack of possession. If you were unaware the firearm was in your possession, you can argue that you did not knowingly possess the firearm.
- Evidence of an illegal search and seizure. If the firearm was found during an illegal search, the case can be dismissed. Officers need probable cause or a warrant for a search to be legal.
- Demonstrate lawful possession. If you have evidence that you were legally in possession of the firearm, the case is likely to be dismissed.
- Lack of intent. To be charged with a crime, you have to knowingly violate the law. A demonstrable lack of intent can weaken the prosecutor’s case.
- Rights violations. If your rights were violated at any point during the course of the criminal process, it could impact which evidence is admissible.
Frequently Asked Questions About California Gun Charges
Q: What Are the Typical Penalties for First-Time Gun Charges in California?
A: For minor first offenses like possession of an unregistered firearm, typical penalties include fines up to $1,000, probation, and mandatory gun safety courses.
More serious charges like brandishing a weapon can lead to months or years in jail, felony charges, loss of gun rights, and probation. You also face the stigma of a criminal conviction that can damage your personal and professional relationships.
Q: Can I Go to Jail for a First-Time Gun Charge in California?
A: Yes, you can face jail time even for a first offense, depending on the specific charges. Serious gun crimes like negligent discharge or possession during a violent crime may result in months or years in jail. Prior criminal history and the use of a gun during a crime can also increase the chances of incarceration.
Q: Should I Get a Lawyer for a First-Time Gun Charge in California?
A: Yes, consulting an experienced criminal defense attorney should be your first step when facing any gun charges. A lawyer can help negotiate plea bargains, secure diversion programs, and protect your rights. Having legal guidance from a California gun crime attorney early on is essential to avoid harsh penalties and convictions.
Q: Does California Have Stand Your Ground Laws?
A: Although California does not have a legal stand your ground statute, case law and jury instructions make California a stand your ground state. California does have a castle doctrine that allows for the use of deadly force when threatened in your home.
If attacked somewhere you have a legal right to be, you can defend yourself using reasonable force. Self-defense could be a viable justification if you or someone else was in immediate threat of death or great bodily harm.
Don’t Face Gun Charges Without an Experienced Lawyer in Your Corner
The dedicated attorneys at Kolacia Law can be a powerful ally by your side. We take the time to understand the details of your unique case, identify procedural problems, and build an airtight defense strategy.
Our firm has a proven track record of achieving charge dismissals, acquittals, and significantly reduced penalties, even for those facing gun charges for the first time.
We know how to effectively negotiate with prosecutors on your behalf while passionately defending your rights at every turn. Our #1 priority is obtaining the most favorable outcome so you can move forward with your life unhindered. Don’t leave your future to chance. Call our office today for a free case review.
