Weapons Charges

Weapons Charges Defense in Riverside County

Facing weapons charges in California is a profoundly serious matter that demands immediate and experienced legal intervention. In Riverside County, whether you are arrested in Murrieta, Temecula, Menifee, Lake Elsinore, Wildomar, Winchester, Perris, Hemet, San Jacinto, Corona, Riverside, Moreno Valley, Norco, Eastvale, Jurupa Valley, Banning, Murrieta, Menifee, or the surrounding communities like Lake Elsinore, Winchester, Wildomar, or French Valley, a conviction can lead to devastating, life-altering consequences. At the Law Office of Nic Cocis, we understand the complexity of California's strict gun laws and the high stakes involved. We are dedicated to providing aggressive, personalized defense for individuals accused of weapons offenses throughout the region.

What Constitutes a Weapons Charge in California?

California law regulates the possession, manufacture, sale, and use of a wide variety of weapons, extending far beyond traditional firearms. A weapons charge can arise from several scenarios, often involving complex legal distinctions regarding legality and intent. Common charges we handle include:

• Unlawful Possession of a Firearm (PC 29800, PC 29900): This often applies to "prohibited persons," such as convicted felons, individuals with certain domestic violence restraining orders, or those with specific mental health histories, who are forbidden from owning or possessing guns.
• Carrying a Concealed or Loaded Firearm (PC 25400, PC 25850): Even if you legally own a firearm, carrying it without the proper concealed carry permit (CCW) or carrying it loaded in public can result in felony charges.
• Assault Weapons Violations (PC 30600): California maintains a strict and frequently updated registry of prohibited "assault weapons." Possession or transfer of these weapons can lead to severe felony charges.
• Brandishing a Weapon (PC 417): Drawing or exhibiting a firearm or deadly weapon in a threatening manner, even without firing it, is a serious offense.
• Possession of Prohibited Weapons: This includes items like switchblades, metal knuckles, short-barreled shotguns, or unregistered destructive devices.

Many weapons charges arise unexpectedly, often stemming from traffic stops in Murrieta or police interactions in Temecula where a legally owned but improperly stored firearm is discovered. Regardless of the circumstances, the prosecution will seek maximum penalties, making skilled defense critical.

Potential Penalties and the Impact of a Conviction

California treats weapons offenses with extreme severity. The potential penalties depend heavily on the specific Penal Code section violated, the defendant's prior criminal history, and whether the weapon was used in the commission of another crime.

Most weapons charges are "wobblers," meaning they can be charged as either misdemeanors or felonies. However, many of the most common offenses, such as felon in possession of a firearm (PC 29800), are straight felonies. A conviction can result in:

• State Prison Time: Felony convictions can carry sentences ranging from 16 months to several years in state prison.
• Significant Fines: Substantial monetary penalties are common.
• Loss of Gun Rights: A felony conviction results in a lifetime ban on owning or possessing firearms under both state and federal law.
• "Strikes" under Three Strikes Law: Certain serious weapons offenses can count as a "strike," drastically increasing penalties for any future felony convictions.
• Immigration Consequences: Non-citizens facing charges in Lake Elsinore or Winchester may face deportation proceedings.

Beyond the legal penalties, a weapons conviction carries a heavy social and professional stigma, impacting job opportunities and housing. When your freedom and future are on the line, you need an attorney who understands the local court systems in Riverside County and the nuances of California weapons law.

Strategic Defense Against Weapons Charges

At the Law Office of Nic Cocis, we approach every weapons case with a meticulous and aggressive defense strategy tailored to the unique facts of the arrest, whether it occurred in Menifee or Wildomar. Effective defense often focuses on challenging the prosecution’s ability to prove all elements of the crime, including:

1. Unlawful Search and Seizure: If law enforcement violated your Fourth Amendment rights during a traffic stop or search—for instance, if the weapon was found during a warrantless search of your vehicle—we will file a motion to suppress the evidence. If the evidence is suppressed, the case often collapses. 2. Lack of Knowledge or Intent: For many possession charges, the prosecution must prove you knew the item was a weapon and knew it was present. If the weapon belonged to someone else or was hidden in a shared space (like a friend's car in French Valley), we can argue lack of constructive possession or knowledge. 3. No Actual Possession: We challenge the definition of possession. Was the weapon within your immediate reach and control (actual possession), or merely in the vicinity (constructive possession)? 4. Legal Justification (Self-Defense): If the weapon was used in defense of yourself or others, we can argue justification, particularly in assault or brandishing cases. 5. Challenging the Definition of the Weapon: In cases involving prohibited weapons or "assault weapons," we scrutinize whether the item legally meets the statutory definition.

Why Experienced Representation is Non-Negotiable

California weapons laws are complex, constantly changing, and aggressively enforced by prosecutors in Riverside County. Attempting to navigate these serious charges without experienced legal counsel is a risk you cannot afford.

The Law Office of Nic Cocis provides the localized knowledge and dedicated advocacy necessary to protect your rights. We know the procedures, the judges, and the prosecutors who handle weapons cases in the Riverside County Superior Courts. We meticulously investigate the circumstances of your arrest, challenge police procedures, and fight tirelessly to secure a dismissal, acquittal, or reduction of charges.

If you or a loved one is facing weapons charges in Temecula, Murrieta, or anywhere in Riverside County, do not speak to law enforcement or the prosecution without legal representation. Your freedom and future depend on the decisions you make right now.

Contact the Law Office of Nic Cocis today for a confidential, free consultation. We are here to listen, explain your legal options, and begin building your robust defense immediately.