If you have been arrested for Carrying a Concealed Weapon in Orange County, then you are going to have many questions. The team of attorneys at The Atias Law Firm can go over the facts of your case and help you understand the possible outcomes, and possible strategies for successfully getting your case reduced or dismissed. Carrying a Concealed Weapon essentially makes it a crime to carry a concealed firearm on your person or in a vehicle. If you have been charged with Carrying a Concealed Weapon in Orange County, please contact our firm to schedule a free consultation regarding the arrest, charges and allegations. “Carrying a Concealed Weapon” as it is commonly known, is unfortunately a charge that can be misconstrued or alleged by the Police under a very wide variety of circumstances and facts that may not truly be Carrying a Concealed Weapon as defined by California State Law. The attorneys at The Atias Law Firm know how to decipher and construe each element of that offense to make sure that zealous police officers and trumped up charges will not ultimately lead to a lengthier prison term or jail sentence than may be required, if any based on a case by case basis and the facts presented. Our attorneys work hard to differentiate the fine details in order to help prove that simply because a police officer may have arrested you for that crime… it may not be the crime actually committed. I cannot stress that point enough, just because you are charged with a certain offense does not mean that is the offense you may have committed. Let’s examine the actual statutory law, the possible reductions to other lesser offenses, the penalties and finally the full on legal defenses.

Carrying a Concealed Weapon Orange County Penal Code 25400

The Law for Carrying a Concealed Weapon is set out in California Penal Code Section 25400. In order for the Orange County District Attorney’s Office to prove that a defendant is guilty of Carrying a Concealed Weapon, the Prosecutor must prove:

1. You concealed a firearm on your person or in a vehicle,
2. You knew about the presence of the concealed gun, and
3. The firearm was substantially concealed.

The Carrying a Concealed Weapon laws in Orange County can be confusing to a defendant charged with that crime. Our team of Lawyers in Orange County know the ins and outs of these particular criminal charges and we may be able to help you get your case dismissed or lowered to a lesser offense, .... But not necessarily Carrying a Concealed Weapon.

Reducing a Carrying a Concealed Weapon Charge To A Lesser Crime

Circumstances may allow the Prosecutor to charge you with Felony Carrying a Concealed Weapon, rather than Misdemeanor Carrying a Concealed Weapon. These circumstances include:

• you have previously been convicted of a felony or any other California firearm offense,
• the firearm is stolen, and you knew, or had reasonable cause to believe, that it was stolen,
• you are an active participant in a criminal street gang as defined by penal code 186.22 (a)
• you are not in lawful possession of the firearm

Our lawyers in Orange County aggressively challenge these allegations. If we can show that these circumstances were absent, then we may be able to keep you out of jail.

Will I Go To Jail?

Possibilities & Penalties for Carrying a Concealed Weapon Charges in Orange County

Carrying a Concealed Weapon is generally a wobbler, meaning that it can usually be charged as a misdemeanor or felony. Misdemeanor Carrying a Concealed Weapon is punishable by up to one year in county jail and a $1,000 fine. Felony Carrying a Concealed Weapon may result in a sentence ranging up to three years in jail and a $10,000 fine. California’s great bodily injury enhancement imposes a three to six-year prison sentence in addition to the penalty for a Carrying a Concealed Weapon conviction. Enhancements to Carrying a Concealed Weapon Penalties that Could Require Longer Prison Terms

1. Great bodily injury inflicted in the commission of the crime.
2. Gang Enhancement

As detailed below, your case may be reduced to a lower crime, or your case may be dismissed.

Legal Defenses to Carrying a Concealed Weapon in Orange County

The Atias Law Firm's Defense team of skilled lawyers located in Orange County, CA have over 20 years combined experience, therefore we know the defenses that may help get your Carrying a Concealed Weapon charge dismissed. There are several defenses to Carrying a Concealed Weapon in Orange County, however the applicability of those defenses depends on the facts of your case.

1. For if you didn’t know you were carrying the firearm. Knowledge is required about the concealed guns presence to be liable for violating PC 25400.
2. Another defense is not having the concealed firearm on you. If the firearm is in the trunk or in a container in your vehicle, you are not guilty of carrying a concealed firearm.
3. Valid license to carry. If you have a valid license to carry a concealed firearm you are not in violation of PC 25400
4. The concealed weapon was at your residence or place of business. You have a right to conceal a firearm in your home or at a business you own.
5. Police misconduct. If a weapon was obtained and confiscated because of an illegal search and seizure, it will be inadmissible in court.
6. You carried the weapon in self-defense. If there was reasonable belief that your life was in “grave danger”, we may be able to get the charges dismissed.

Additionally, as you can see above, the Prosecutor has a lot to prove. We may be able to show that any number of the requirements of the law aren’t met or that there is insufficient evidence. For instance, we may be able to show that the you did not knowingly carry a firearm. Also, if you have been charged with multiple counts of Carrying a Concealed Weapon, we may be able to get all of your charges consolidated into one charge, with one penalty.

How Can Carrying Concealed Weapon Charges Be Reduced?

When the prosecution case is strong, sometimes the best tactic is to try to work out a plea deal with the Prosecutor, which can avoid the maximum sentence a Judge may want to sentence a defendant to after a trial. Our attorneys always want to be reasonable with our clients and not mislead or misguide their expectations, while making certain they understand just how long serving a lengthy prison sentence. Our skilled attorneys may be able to get your Carrying a Concealed Weapon charge reduced, and a Felony Carrying a Concealed Weapon penalty reduced to a Misdemeanor Carrying a Concealed Weapon charge.

What Happens If I Have a Prior Conviction?

If you have prior convictions for Carrying a Concealed Weapon, then you may face increased penalties in your current case. The Atias Law Firm, with years over 20 years combined experience, aggressively challenges any prior convictions. For instance, if your prior conviction occurred more than 10 years ago, or if it occurred in another state, then we may be able to get those prior convictions stricken, so that your sentence is not enhanced. If we can successfully strike your prior convictions, then you may only face first time penalties. Call the Atias Law Firm today to see if your prior convictions may impact your current charge.

What Should I do about a Carrying a Concealed Weapon charge in Orange County?

Just pick up the phone and call.  One of our attorneys will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.