CA Penal Code 25850 makes carrying a loaded firearm in a vehicle, in a public place, or on a public street a criminal offense in California. If convicted of a Penal Code 25850 violation, you can receive jail time, a fine, or both. You can also be charged with a DUI and violation of CA Penal Code 25850.
If you’re facing DUI and CA Penal Code 25850 charges in Los Angeles, reach out to the team at Los Angeles DUI Lawyer. We have helped thousands of people in similar situations and want to use that knowledge to be your legal resource.
Our experienced team can explain the California Penal Codes and put you in touch with skilled representation. Let’s take a closer look at CA Penal Code 25850 – Carrying a Loaded Firearm and how a lawyer can help you.
Understanding CA Penal Code 25850 – Carrying a Loaded Firearm
CA Penal Code 25850 criminalizes carrying a loaded firearm in a public place or vehicle. The intent behind this law is to minimize the risk of gun violence and enhance public safety. The statute applies whether the firearm is openly carried or concealed, and penalties can vary based on the circumstances of the offense.
Cases involving DUI charges and carrying a loaded firearm can be complicated. Prosecutors may attempt to link the firearm charge with the DUI offense to pursue harsher penalties. If that’s the case for you, you’ll want to work with a lawyer who can protect you from serious consequences.
An experienced attorney can assess your gun charges, explore possible defenses, and protect your rights. Reach out to a lawyer today to learn more about CA Penal Code 25850 – Carrying a Loaded Firearm. They’ll help you understand your legal options and build a strong defense case for you.
Requirements for a CA Penal Code 25850 Conviction in California
There are specific requirements that must be met for a court to convict you of California Penal Code 25850. Specifically, a prosecutor must be able to prove that you:
- Were carrying a loaded firearm in a vehicle in a public place or on a public street
- Knowingly carrying a loaded firearm
- Carrying the loaded firearm within an incorporated city or an area where it is illegal to fire a gun
There are exceptions to Penal Code 25850. For example, a concealed weapon permit holder cannot be charged with unlawfully carrying a loaded firearm. Police officers, federal agents, and other types of peace officers are also allowed to carry a loaded firearm.
What Is the Best Way to Defend Against Carrying a Loaded Firearm Charges in California?
There is no one-size-fits-all legal defense for a CA Penal Code 25850 – Carrying a Loaded Firearm case. A criminal defense attorney will review the details of your arrest and determine which type of strategy is best suited for your unique situation. Common defense strategies used in these cases include the following:
Defendant Was Not Carrying a Firearm
In a carrying a loaded firearm case, a prosecutor must prove that:
- You had a firearm in your vehicle.
- The firearm was loaded.
- The vehicle where the firearm was stored was in a public place or on a public street.
Self-Defense
There can be circumstances in which a person can carry a loaded firearm. A person must be in immediate, grave danger. If you meet these criteria, a court may dismiss any charges filed in accordance with Penal Code 25850.
No Probable Cause
A police officer may have found your loaded firearm upon conducting an illegal search. In this scenario, it is against the law for a police officer to arrest and charge you for a Penal Code 25850 – Carrying a Loaded Firearm offense.
In this situation, your attorney will attempt to contest the charge and have your case dismissed. In Los Angeles, a DUI attorney can also assist you if you want to dispute multiple charges at once.
Your lawyer can look at charges filed against you for driving under the influence (DUI) and carrying a loaded firearm. They will gather evidence and work hard to help you craft an effective legal strategy. With their help, you could avoid a prison sentence, a mark on your criminal record, and other penalties.
Is Carrying a Loaded Firearm a Misdemeanor or a Felony?
Carrying a loaded firearm in public in California is often considered a misdemeanor. In this instance, a person convicted of such a crime can receive a one–year sentence in county jail, a $1,000 fine, or both.
However, aggravating factors can raise a violation of Penal Code 25850 from a misdemeanor charge to a felony offense. In a felony case, the penalty increases to up to three years in prison. A felony conviction can carry long-term ramifications.
Along with prison time, the conviction can prohibit you from possessing a firearm in California. If you’re facing a DUI and carrying a loaded firearm charge in Los Angeles, it helps to hire an attorney. A criminal defense lawyer will do their part to make sure you present a strong case in court.
Is a Plea Bargain Worthwhile When Faced with Penal Code 25850 Charges?
A plea bargain can be beneficial in some cases. A plea agreement allows a defendant and prosecutor to settle a CA Penal Code 25850 – Carrying a Loaded Firearm charge outside of court. It may help you get a felony deadly weapon charge reduced to a misdemeanor.
It can be difficult to decide if accepting a plea deal is worthwhile. To weigh the pros and cons of a plea bargain, it is beneficial to seek help from an attorney. Defendants charged with a DUI and carrying a loaded firearm charge can partner with a lawyer who examines a plea bargain from all angles.
A lawyer won’t pressure you to make a rash decision on a plea bargain. Instead, the lawyer will urge you to consider the immediate and long-term ramifications of their plea bargain decision. If you accept a plea bargain, you can begin the process of moving past your criminal charges.
Get the Legal Representation You Need to Fight Your Charges
A criminal defense attorney can help you contest DUI and carrying a loaded firearm charges. At Los Angeles DUI Lawyer, we can help you find a defense team that is well-equipped to address your legal needs. For more information, please get in touch with us today.
We‘ll connect you with an experienced lawyer who can explain CA Penal Code 25850 – Carrying a Loaded Firearm charges and fight to protect you from the legal consequences associated with a felony or misdemeanor conviction.
