Firearms Offenses

Defending Your Rights Against Firearms Offenses in Riverside County

If you are facing firearms charges in California, the stakes are incredibly high. The state maintains some of the strictest gun laws in the nation, and a conviction can lead to devastating consequences, including lengthy prison sentences, massive fines, and the permanent loss of your Second Amendment rights. At the Law Office of Nic Cocis, we understand the complexity and severity of these allegations. We are dedicated to providing aggressive, knowledgeable defense for clients throughout Riverside County, including residents of Temecula, Murrieta, Menifee, Lake Elsinore, Winchester, Wildomar, and French Valley.

Understanding California Firearms Offenses

Firearms offenses in California are not limited to violent crimes; they often involve complex regulatory violations that can ensnare otherwise law-abiding citizens. These charges can range from simple possession errors to serious felonies.

Common scenarios that lead to firearms charges include:

• Illegal Possession: This often involves individuals prohibited from owning firearms (felons, those with domestic violence restraining orders) or possessing weapons in restricted areas (schools, government buildings).
• Carrying a Concealed or Loaded Firearm (PC 25400 and PC 25850): Even if you legally own the weapon, carrying it improperly without a valid Concealed Carry Weapon (CCW) permit is a serious offense.
• Manufacturing or Selling Illegal Weapons: This includes "ghost guns" (unregistered firearms), assault weapons (PC 30605), or large-capacity magazines.
• Brandishing a Weapon (PC 417): Improperly displaying a firearm in an angry or threatening manner, even without firing it, is a serious misdemeanor or felony.
• Possession of a Firearm During the Commission of a Felony: This can trigger significant sentencing enhancements, adding years to any underlying conviction.

Severe Penalties and Consequences

The penalties associated with a firearms conviction are severe and depend heavily on whether the charge is classified as a misdemeanor or a felony. Many firearms offenses are "wobblers," meaning the prosecutor can choose to file them as either.

For felony convictions, potential penalties include:

• State Prison Time: Sentences can range from 16 months to several years, depending on the specific Penal Code section.
• Fines: Substantial monetary penalties.
• Permanent Loss of Gun Rights: A felony conviction results in a lifetime ban on owning, possessing, or purchasing firearms.
• Strikes: Certain serious firearms offenses qualify as "strikes" under California’s Three Strikes Law, significantly increasing penalties for any future convictions.

Strategic Defense Against Firearms Charges

A successful defense requires a detailed examination of the evidence, the law, and the circumstances surrounding your arrest. As your criminal defense attorney, Nic Cocis focuses on developing tailored strategies designed to protect your freedom and future.

Key defense strategies we frequently employ include:

1. Challenging the Search and Seizure: The Fourth Amendment protects you from illegal searches. If law enforcement violated your rights—for example, by stopping your vehicle without reasonable suspicion in Lake Elsinore or searching your home in Murrieta, Temecula, Menifee, Lake Elsinore, Wildomar, Winchester, Perris, Hemet, San Jacinto, Corona, Riverside, Moreno Valley, Norco, Eastvale, Jurupa Valley, Banning without a valid warrant—any evidence obtained (the firearm) may be suppressed, leading to a dismissal of the charges. 2. Lack of Knowledge or Intent: In some cases, the prosecution must prove you knew the object in question was a firearm or that you intended to possess it. For instance, if you were temporarily holding a bag for a friend in Winchester and were unaware it contained an illegal weapon, this defense may apply. 3. Mistake of Law or Fact: California’s gun laws are notoriously complex. If you genuinely believed you were complying with the law (e.g., misunderstanding the rules regarding transportation in French Valley), we can argue this mistake negates the necessary criminal intent. 4. Self-Defense: If you used or brandished the firearm in a reasonable effort to protect yourself or another person from imminent harm, this is a powerful and often successful defense.

Why Experienced Representation Matters in Riverside County

Navigating the local court systems, including the Southwest Justice Center in Murrieta, requires an attorney who is not only familiar with California Penal Code sections but also with the specific practices and personnel of the Riverside County District Attorney’s Office.

The Law Office of Nic Cocis provides the professional, informative, and compassionate representation you need during this challenging time. We meticulously investigate every detail of your case, from the initial police report in Wildomar to the forensic analysis of the weapon. Our goal is always to achieve the best possible outcome, whether that means negotiating a reduction of charges, seeking alternative sentencing, or fighting for an acquittal at trial.

Your rights are too important to trust to an inexperienced attorney. If you are facing firearms charges in Riverside County, contact us immediately.