Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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Federal law and most state laws prohibit you from owning, possessing, or purchasing firearms following a felony conviction. Then if you are caught with a gun, you face charges for another crime often referred to as “felon with a firearm.”
Note, however, that if you are convicted of a felony and remain otherwise law-abiding, you may eventually be able to restore your gun rights by:
A few states say that your gun rights are automatically restored after a certain amount of time has elapsed from your conviction (for example 10 years).1
The gun laws/firearm laws of most states say usually no. You will generally face criminal charges if you own a firearm, or have possession or control of one, after receiving a felony conviction.2
Most states charge this offense as a felony.3 Further, the offense often works to impose a lifetime ban on owning a gun.
A “firearm” is generally defined as an object used in the propulsion of shot, shell, or bullets by the action of gunpowder exploded inside it.4
Firearms can include:
It depends on the facts of your case and the state in which you received your conviction.
Some states allow a convicted felon to restore his/her gun rights after a felony by:
A “pardon” is an action that sets aside the punishment for a crime. State governors generally have the power to pardon non-federal crimes, while the President carries the power to pardon federal offenses.6
You often initiate the pardon process by filing for a Certificate of Rehabilitation.
Note that a few states say that you really do not have to take any action to restore your gun rights. Rather, your rights are restored after a certain amount of time elapses from the date of your felony conviction.7
Some misdemeanor convictions can result in the loss of your civil rights to own or possess a gun.
For example, many misdemeanor domestic violence convictions will result in the loss of your gun rights.8
Note also that some states say that you have to surrender your gun rights if you have a
Further, a judge may punish misdemeanor offenses by placing you on probation. The judge does have the authority to make one of the conditions of probation to involve no possession of a firearm until you have completed probation.
From my decades of experience fighting these charges, I have had great success in getting “felon with a firearm” charges dismissed by arguing either:
Yes. It is important to consult with a criminal defense attorney if you have been convicted of a crime.
If you are facing felony charges, a defense attorney or law firm can try to get the charges reduced so that you will not face the possibility of losing your gun rights.
A lawyer can also help you challenge a charge with a legal defense (for example, maybe law enforcement or a police officer arrested you without probable cause).
If you are convicted of a felony, a defense lawyer can review your criminal record/criminal history to see if you might be able to restore your gun rights.
Please keep in mind that most attorneys and law offices provide free consultations. This means you can get legal advice without spending a dime.
Note as well that your communications with an attorney are protected by the attorney-client relationship. According to this bond, your lawyer cannot disclose your confidences without your prior consent.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.