Legal Question in Criminal Law in California
Is This A Felony
Is Having A Loaded Gun In Your Car With Two Bats With The Objective To Murder A Felony?Because Cops Told Me Its A Misderminer And I Almost Got Killed!
Asked on 3/04/07, 9:17 pm
1 Answer from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
Re: Is This A Felony
Illegal posession or transportation of a firearm is a misdemeanor, unless the person in possession has previously been convicted of a felony. What the person intends to do with the gun is irrelevant.
If the defendant had taken additional steps toward carrying out his intent to kill you then he could be guilty of attempted murder. Intent to kill is not a crime by itself, nor is it enough to turn a misdemeanor weapon possession charge into a felony.
Answered on 3/06/07, 3:29 pm
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