Six Possible Defenses for Gun Charges

Facing gun charges in San Francisco can be a daunting experience, but with the right legal defense, individuals may have options to fight their case. Whether you are charged with illegal possession, carrying a concealed weapon, or possession of a firearm during a drug offense, a skilled criminal defense lawyer can assess your case and explore possible legal defenses.

Understanding Gun Charges in San Francisco

Gun laws in California are strict, and San Francisco enforces them rigorously. Common gun-related charges include:

• Possession of an unregistered firearm
• Carrying a concealed firearm without a permit
• Possession of a firearm by a prohibited person (such as a felon)
• Possession of a firearm during the commission of a crime, such as drug offenses
• Illegal sale or transfer of a firearm

Common Defenses Against Gun Charges

A knowledgeable defense attorney will analyze the circumstances of the arrest and the evidence to determine the most effective defense strategy. Some common defenses include:

1. Illegal Search and Seizure

Under the Fourth Amendment, law enforcement must follow proper procedures when conducting searches and seizures. If police obtained the firearm through an illegal search, your defense attorney could file a motion to suppress the evidence, which may result in the charges being dismissed.

Example: In People v. Williams (1999) , the California Supreme Court ruled that evidence obtained without a valid warrant or probable cause could not be used against a defendant. If a firearm is found during an unlawful search, it can be excluded from trial.

2. Lack of Possession

To convict someone of a gun crime, the prosecution must prove that the defendant actually possessed the firearm. If the weapon was found in a shared space or a vehicle with multiple occupants, the defense may argue that the accused had no knowledge or control over the firearm.

Example: In People v. Barnes (1997) , the court found that mere proximity to a firearm did not establish possession. If a firearm is discovered in a vehicle occupied by multiple people, proving ownership beyond a reasonable doubt can be difficult for prosecutors.

3. Improper Police Conduct or Entrapment

If law enforcement officers coerced or tricked an individual into committing a gun-related offense, this may qualify as entrapment. A defense lawyer can argue that the defendant would not have committed the crime without undue police influence.

Example: In Jacobson v. United States (1992) , the U.S. Supreme Court ruled that a defendant could not be convicted if they were induced to commit a crime by law enforcement that they otherwise would not have committed.

4. Violation of Constitutional Rights

If the police failed to inform the accused of their Miranda rights during an arrest or interrogation, statements made by the defendant may be inadmissible in court.

Example: In Miranda v. Arizona (1966) , the U.S. Supreme Court held that statements obtained from a suspect without proper Miranda warnings could not be used in court. If an arrested person was not informed of their rights before questioning, any admissions they made might be suppressed.

5. Self-Defense or Justifiable Possession

California law permits firearm possession for self-defense under certain conditions. If the defendant carried a firearm to protect themselves from immediate harm or had a lawful reason for possession, this could serve as a valid defense.

Example: In People v. McKinnon (2011) , the court found that if a person possesses a firearm to defend themselves from an imminent threat, they may avoid conviction under California’s self-defense laws.

6. Lack of Criminal Intent

Prosecutors must establish that the accused knowingly and intentionally possessed the firearm. If the defendant was unaware of the weapon’s presence, it could weaken the prosecution’s case.

Example: In People v. Gory (1946) , the California Supreme Court held that knowledge of possession is a required element in firearm offenses. If a person unknowingly had a gun in their possession, they might not be legally culpable.

Why You Need an Experienced Criminal Defense Lawyer

Gun charges carry serious penalties, including jail time, heavy fines, and a permanent criminal record. An experienced defense attorney understands California’s complex firearm laws and can build a strong defense to minimize penalties or achieve case dismissal.

If your charges involve drug-related offenses, hiring a drug charges lawyer who also specializes in gun laws can be crucial for a comprehensive defense strategy.

Contact a Criminal Defense Lawyer Today

If you or a loved one are facing gun charges in San Francisco, do not hesitate to seek legal representation. A dedicated criminal defense lawyer can review your case, challenge the evidence, and fight for your rights. Gasner Criminal Law stands ready to defend your rights and fight for the best outcome in your case.

Call 415-782-6000 to schedule a consultation today.