Legal Question in Criminal Law in California
guns
what if a person with a record was in possestion of a fire arm when arrested for a domestic?
2 Answers from Attorneys
Re: guns
If you're a 'prohibited' person who is legally barred from having a firearm because of convictions or Domestic Violence orders, and you're found in possession of one, you potentially face federal and state felony charges with mandatory prison time, and possibly other probation/parole violation[s]. If this is in SoCal courts, and if you're serious about getting legal counsel, feel free to contact me.
Re: guns
If the person has a prior felony conviction, possession of a firearm by a felon is a new felony, punishable by up to three years in state prison.
There are also certain misdemeanors that will make possession of a firearm a felony as well.
If the gun was used in the domestic situation, then it depends on the facts of the case to determine what, if any, gun sentencing enhancements might apply to this situation.
Needless to say, this person is in deep and needs legal representation.
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