How Much For A Gun Charge?
| Charge | Penalty | Sentence |
|---|---|---|
| Possession of a Firearm by a Convicted Felon | Up to 10 years in prison | Up to $250,000 fine |
| Unlawful Discharge of a Firearm | Up to 10 years in prison | Up to $250,000 fine |
| Carrying a Concealed Weapon | Up to 5 years in prison | Up to $10,000 fine |
| Assault with a Deadly Weapon | Up to 20 years in prison | Up to $250,000 fine |
How Much For A Gun Charge?
The penalties for a gun charge depend on the specific charge and the circumstances of the case. However, some general rules apply.
Felony Gun Charges
Felony gun charges are punishable by imprisonment in state prison for a term of 16 months, 2 or 3 years, or 4, 5, 6, 7, or 8 years. The specific sentence imposed will depend on the facts of the case, the defendant’s criminal history, and other factors.
Misdemeanor Gun Charges
Misdemeanor gun charges are punishable by imprisonment in county jail for a term of up to 1 year, or by a fine of up to $1,000, or both.
In addition to the criminal penalties, a person convicted of a gun charge may also be subject to civil penalties, such as a fine of up to $250,000 and/or the forfeiture of the firearm.
Factors Affecting Penalties
The following factors may affect the penalties imposed for a gun charge:
- The type of firearm involved
- The manner in which the firearm was used
- The defendant’s criminal history
- The defendant’s motivation for possessing the firearm
- The circumstances of the offense
The penalties for a gun charge can be severe. If you are facing charges related to a gun, it is important to speak to an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you and develop a defense strategy.
What is the Difference Between a Felony and a Misdemeanor Gun Charge?
Felony gun charges are more serious than misdemeanor gun charges. Felony gun charges are punishable by imprisonment in state prison for a term of 16 months, 2 or 3 years, or 4, 5, 6, 7, or 8 years. Misdemeanor gun charges are punishable by imprisonment in county jail for a term of up to 1 year, or by a fine of up to $1,000, or both.
In addition to the different penalties, felony gun charges and misdemeanor gun charges are also handled differently in the court system. Felony gun charges are typically prosecuted in superior court, while misdemeanor gun charges are typically prosecuted in municipal court.
Felony Gun Charges
Felony gun charges include the following:
- Carrying a concealed weapon: It is illegal to carry a concealed weapon without a permit. The penalties for carrying a concealed weapon without a permit vary depending on the state. In California, the penalties for carrying a concealed weapon without a permit include imprisonment in state prison for a term of 16 months, 2 or 3 years, or 4, 5, 6, 7, or 8 years.
- Unlawful possession of a firearm: It is illegal to possess a firearm if you are a convicted felon, a fugitive from justice, or a person who has been adjudged mentally incompetent. The penalties for unlawful possession of a firearm vary depending on the state. In California, the penalties for unlawful possession of a firearm include imprisonment in state prison for a term of 16 months, 2 or 3 years, or 4, 5, 6, 7, or 8 years.
- Sale or transfer of a firearm: It is illegal to sell or transfer a firearm to a person who is prohibited from possessing a firearm. The penalties for sale or transfer of a firearm vary depending on the state. In California, the penalties for sale or transfer of a firearm include imprisonment in state prison for a term of 16 months, 2 or 3 years, or 4, 5, 6, 7, or 8 years.
- Possession of a firearm in a school zone: It is illegal to possess a firearm in a school zone. The penalties for possession of a firearm in a school zone vary depending on the state. In California, the penalties for possession of a firearm in a school zone include imprisonment in state prison for a term of 16 months, 2 or 3 years, or 4, 5, 6, 7, or 8 years.
Misdemeanor Gun Charges
Misdemeanor gun charges include the following:
- Discharging a firearm in public: It is illegal to discharge a firearm in public without a permit. The penalties for discharging a firearm in public vary depending on the state. In California, the penalties for discharging a firearm in public include imprisonment in county jail for a term of up to 1 year, or by a fine of