Per CA Penal Code 30605 – Possession of an Assault Weapon, it is against the law to own or possess an assault weapon. If convicted of this crime, you can be charged with a misdemeanor or felony. You can also face a jail or prison sentence, fines, and other penalties.
Do not risk a conviction of possession of an assault weapon in your driving under the influence case. Let a Los Angeles DUI lawyer who has decades of legal experience contest your charge. Your attorney can teach you about California’s penal codes and craft an argument designed to get your charge reduced or dismissed.
What Is an Assault Weapon?
An assault weapon refers to a semi-automatic weapon intended for military use. It often uses a large-capacity magazine and allows a person to fire multiple rounds without having to reload it. According to CA Penal Code 30515, there are three categories of assault weapons:
- Category One: Includes firearms specified under the Roberti-Roos Assault Weapons Control Act of 1989, such as the SAR-48 and Bushmaster assault rifles.
- Category Two: Consists of variations of AK and AR-15 series weapons.
- Category Three: Refers to assault rifles that have a threaded barrel or second handgrip or meet other criteria.
If you have questions about these assault weapon categories and how they relate to your DUI case, get legal help. A Los Angeles DUI attorney can answer your questions relating to CA Penal Code 30605, CA Penal Code 245(a)(1), and other California laws. They can provide details about the penalties associated with your charge.
CA Penal Code 30605 – Possession of an Assault Weapon Penalties
Possession of an assault weapon penalties vary. With a misdemeanor conviction, you could get a jail sentence of up to a year, a fine of up to $1,000, or both. If you get a felony conviction, you can be sentenced to a maximum of three years in prison, receive up to $10,000 in fines, or be subject to both.
There are exceptions to these penalties. For example, you could face an infraction instead of a misdemeanor or felony, resulting in a fine of up to $500. An attorney can explain this so you understand infractions in California and how they may apply to your DUI case.
Getting charged under CA Penal Code 30605 does not necessarily mean you will be penalized. In a DUI case, you can dispute your charge. To do so, partner with a DUI lawyer in Los Angeles who advocates for you and puts your best interests front and center.
What Should You Do If You Get Charged Under California Penal Code 30605 – Possession of an Assault Weapon?
Build a case that shows you do not deserve to be punished. If you are charged with possession of an assault weapon in addition to driving under the influence, ask a DUI lawyer for help. At this point, your lawyer may consider several legal defenses, including:
You Did Not Have an Assault Weapon in Your Possession.
Police arrest you and claim you violated CA Penal Code 30605, CA Penal Code 242, DUI laws, and many other regulations. Your lawyer could prove you did not actually have an assault weapon in your possession at the time of your arrest. Also, your attorney can gather evidence to help disprove the other charges against you.
You Had No Idea an Assault Weapon Was in Your Possession.
A friend or family member drives your car and leaves an assault weapon in your vehicle. Police pull you over on suspicion of driving under the influence and find you have an assault weapon. Your attorney can argue the weapon does not belong to you and that you did not know it was there.
You Are Legally Allowed to Possess an Assault Weapon.
If you had a firearm before it was classified as an assault weapon and registered it with the state, you may be allowed to keep it in your possession. Regardless, police officers could arrest you and say you are illegally in possession of an assault weapon. Your lawyer can provide a copy of your permit that helps you prove otherwise.
You Are the Victim of the Police Illegally Searching and Seizing Your Property.
The Fourth Amendment protects you against unlawful searches and seizures. If police officers find an assault weapon in your possession and do so without a warrant, you could claim your constitutional rights were violated. This may prevent a prosecutor from using certain pieces of evidence.
If you face possession of an assault weapon and DUI charges, you have legal options. Have a DUI attorney pursue these options to the fullest extent. They can prepare an argument that could help you avoid a conviction.
A Los Angeles DUI Lawyer Gives Your Case the Attention It Deserves
Being convicted of possessing an assault weapon can impact you for the rest of your life. When coupled with a DUI, the conviction can force you to spend a long time in jail or prison and result in steep fines. Along with these penalties, your conviction can damage your relationships with family members, friends, and others.
If you want legal assistance with possession of an assault weapon and driving under the influence charges, hire a DUI attorney in Los Angeles. With your lawyer’s help, you could keep your freedom. Schedule a case consultation.
