Legal Question in Criminal Law in California

can i be carged with a firearm if theres is nn firing pin


Asked on 10/08/11, 9:38 pm

2 Answers from Attorneys

Daniel Martin Law Office of Daniel K Martin

Yes you can be convicted because the crime includes the frame or the receiver of the weapon.

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Answered on 10/08/11, 11:28 pm
Terry A. Nelson Nelson & Lawless

CAN they charge you? Of course. They may think they can convict you.

If you are talking about 'felon in possession' charges, they carry mandatory prison sentence. Whether the firearm 'works' or not is not the issue.

Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. If you don't know how to do these things effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help, using whatever defenses there may be.

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Answered on 10/09/11, 2:59 pm


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