
Being charged with felon in possession of a firearm in Glendale, California, is one of the most serious weapon-related offenses you can face. Under California law, this crime carries severe penalties including lengthy prison sentences, substantial fines, and life-altering consequences that extend far beyond the criminal justice system. If you’re a convicted felon accused of possessing, owning, purchasing, or receiving a firearm or ammunition, you’re facing charges that could result in years behind bars and permanent damage to your future.
At Tu Defensor Criminalista, we understand that many people charged with felon in possession offenses are not dangerous criminals but rather individuals who made mistakes, didn’t fully understand California’s complex firearm laws, or found themselves in circumstances beyond their control. Whether the firearm belonged to someone else, you didn’t know it was present, your prior conviction shouldn’t disqualify you from firearm ownership, or law enforcement violated your constitutional rights during the search that discovered the weapon, we’re here to provide the aggressive, knowledgeable defense you need and deserve.
Our experienced criminal defense team has successfully defended countless clients throughout Glendale and Los Angeles County against felon in possession charges. We know how to challenge the prosecution’s evidence, negotiate with prosecutors for reduced charges or alternative sentencing, and when necessary, take cases to trial to fight for acquittal. Your freedom, your future, and your rights matter to us, and we’re committed to achieving the best possible outcome in your case.
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California Penal Code Section 29800[1] makes it illegal for anyone convicted of a felony to own, purchase, receive, or possess any firearm. This prohibition is one of the broadest and most strictly enforced weapon laws in California, applying not only to firearm possession but also to ammunition in many circumstances.
Under California law, the following individuals are prohibited from possessing firearms:
According to the California Department of Justice[3], these prohibited categories are strictly enforced, and violations result in serious criminal charges.
Understanding what prosecutors must prove regarding possession is crucial to mounting an effective defense. California law recognizes two types of possession:
Importantly, mere proximity to a firearm is not enough to prove possession. Prosecutors must prove you had knowledge of the firearm’s presence and the ability to control it.
California’s prohibition applies to all firearms, including:
The prohibition also extends to ammunition in many circumstances under Penal Code Section 30305[4].
Felon in possession violations can be prosecuted under both California state law and federal law. 18 U.S.C. § 922(g)[5] is the federal statute prohibiting convicted felons from possessing firearms. Federal prosecution typically occurs when cases involve:
Federal penalties are often more severe than state penalties, and federal defendants must serve at least 85% of their sentences.
The consequences of a felon in possession conviction in California are severe and can devastate your life.
Under California Penal Code Section 29800, felon in possession is a felony offense punishable by:
Prison Sentence:
Fines:
Formal Probation:
Permanent Firearm Prohibition:
Certain circumstances can result in enhanced penalties:
Prior Serious or Violent Felonies: If you have prior convictions for serious or violent felonies as defined under California’s Three Strikes Law, a felon in possession conviction can count as a strike, potentially doubling your sentence or resulting in 25 years to life for a third strike.
Gang Enhancements: If prosecutors allege the offense was committed for the benefit of a criminal street gang, additional years can be added under Penal Code Section 186.22[6].
Armed with Firearm During Another Crime: If you possessed a firearm while committing another felony, additional sentence enhancements apply.
Federal prosecution under 18 U.S.C. § 922(g) carries:
Federal sentences are served in federal prison facilities, which are often located far from California, making family visits difficult.
Beyond criminal penalties, a felon in possession conviction creates lasting collateral consequences:
Glendale, as part of Los Angeles County, sees regular prosecution of felon in possession cases. Understanding the local context helps inform effective defense strategies.
According to the California Department of Justice’s OpenJustice database[9], Los Angeles County reports thousands of weapon-related arrests annually, with felon in possession charges representing a significant portion. These cases are prioritized by prosecutors due to concerns about recidivism and public safety.
The Los Angeles County Sheriff’s Department[10] and local police departments throughout the county, including the Glendale Police Department[11], actively enforce firearm laws and work with federal agencies to identify and prosecute prohibited persons found with firearms.
Most felon in possession cases in Glendale begin in one of several ways:
Glendale law enforcement prioritizes felon in possession cases involving:
Despite the serious nature of these charges, numerous defense strategies can result in dismissed charges, reduced penalties, or acquittal at trial.
One of the most powerful defenses is challenging whether you actually have a qualifying prior conviction that prohibits firearm possession.
Prior Conviction Reduced to Misdemeanor: Under California Penal Code Section 17(b)[12], certain “wobbler” offenses that can be charged as either felonies or misdemeanors can be reduced to misdemeanors after conviction. If your prior felony was reduced to a misdemeanor before the current offense, you may not be prohibited from possessing firearms.
Prior Conviction Expunged: While expungement under Penal Code Section 1203.4[13] doesn’t automatically restore gun rights for all offenses, it may affect whether the prior conviction qualifies for prohibition purposes, depending on timing and specific circumstances.
Out-of-State Convictions: Prior convictions from other states must qualify as felonies under California law to trigger prohibition. We carefully examine out-of-state convictions to determine whether they meet California’s definition of felony offenses. Sometimes conduct that was a felony in another state would only be a misdemeanor in California.
Pardoned Convictions: If your prior conviction was pardoned by the governor, the pardon may restore your gun rights, eliminating the basis for prohibition.
Certificate of Rehabilitation: Obtaining a Certificate of Rehabilitation can restore gun rights for certain offenses, potentially providing a defense.
Conviction Set Aside or Reversed: If your prior conviction was reversed on appeal, set aside, or otherwise invalidated, you may not be a prohibited person.
To convict you of felon in possession, prosecutors must prove you knew the firearm was present. This defense applies when:
Mere proximity to a firearm isn’t enough to prove possession. We challenge whether you actually possessed or controlled the firearm by arguing:
The Fourth Amendment protects against unreasonable searches and seizures. If police violated your constitutional rights, evidence can be suppressed, often resulting in case dismissal.
Illegal Traffic Stops: Police need reasonable suspicion of a traffic violation or criminal activity to stop your vehicle. If the stop was unlawful, everything discovered afterward can be suppressed.
Unlawful Vehicle Searches: Police generally need consent, probable cause, or a warrant to search your vehicle. There are exceptions (search incident to arrest, inventory searches, plain view), but they have limitations.
Illegal Home Searches: Searches of homes require warrants in most circumstances. Exceptions exist (consent, exigent circumstances, search incident to arrest) but are narrowly construed.
Unlawful Probation/Parole Searches: Even though individuals on probation or parole have reduced Fourth Amendment protections, searches must still comply with legal requirements. We examine whether:
Invalid Consent: If you consented to a search, we examine whether consent was voluntary or coerced through threats, deception, or intimidation.
California law recognizes limited exceptions when possession is momentary and for a lawful purpose, such as:
This defense requires proof that possession was truly momentary and for a legitimate protective purpose.
Some defenses focus on whether the item actually qualifies as a firearm under California law. If the alleged firearm was:
It may not qualify as a prohibited firearm.
If police questioned you in custody without reading your Miranda rights and you made incriminating statements, those statements may be suppressed.
Prosecutors bear the burden of proving every element of the offense beyond a reasonable doubt. We challenge cases where:
In rare cases involving undercover operations or informants, you may have been entrapped—induced by law enforcement to commit a crime you weren’t predisposed to commit.
If police lacked probable cause to arrest you or reasonable suspicion to detain you, evidence obtained afterward may be suppressed.
Understanding the criminal justice process helps you navigate this challenging time with greater confidence and make informed decisions about your defense.
When arrested for felon in possession in Glendale, you’ll typically be:
Because felon in possession is a felony and often involves individuals with prior criminal records, bail amounts are typically substantial. According to the Los Angeles County bail schedule, bail for felon in possession charges often ranges from $20,000 to $100,000 or more depending on circumstances and prior convictions.
Your first court appearance is the arraignment, which typically occurs within 48 hours of arrest if you’re in custody. At arraignment:
Felon in possession cases in Glendale are typically heard at the Glendale Courthouse, located at 600 East Broadway, or transferred to other Los Angeles County Superior Court locations depending on case complexity and scheduling.
Having an experienced attorney at arraignment provides immediate benefits, including arguing for reduced bail and beginning defense strategy development.
For felony charges, the prosecution must demonstrate probable cause at a preliminary hearing. This proceeding, typically held within 10-60 days of arraignment depending on custody status, provides crucial opportunities to:
Preliminary hearings in felon in possession cases often focus on:
After the preliminary hearing, cases enter the pre-trial phase, which includes:
Discovery: Both sides exchange evidence, including:
Motion Practice: We file strategic motions to:
Plea Negotiations: We negotiate with prosecutors from the Los Angeles County District Attorney’s Office to:
If your case proceeds to trial, you have the right to:
At Tu Defensor Criminalista, we have extensive trial experience and will aggressively advocate for you throughout the trial process, including:
If convicted or if you accept a plea agreement, sentencing considers multiple factors:
We advocate vigorously for the most favorable sentence possible, which may include:
Certain circumstances create unique challenges requiring specialized approaches.
When you have multiple prior felony convictions, prosecutors may seek enhanced penalties under California’s Three Strikes Law. A felon in possession conviction could count as a second or third strike, resulting in:
Fighting strike allegations becomes critically important in these cases.
If prosecutors allege the offense was gang-related under Penal Code Section 186.22, additional years are added to your sentence. These allegations require proof that:
We aggressively challenge gang allegations by:
When felon in possession charges arise from domestic violence incidents, additional complexities include:
When multiple people are present where a firearm is found, proving who possessed it becomes challenging for prosecutors. These cases often involve:
We exploit these uncertainties to create reasonable doubt about your possession.
In some cases, both federal and state prosecutors could charge felon in possession. Factors influencing whether prosecution is federal or state include:
Federal cases generally involve harsher sentences but also different procedural rules that may provide strategic advantages.
Under California Penal Code Section 30305, convicted felons are also prohibited from possessing ammunition. Ammunition possession charges often accompany firearm charges but can also be charged independently. Penalties include:
Glendale’s unique characteristics affect how felon in possession cases are investigated and prosecuted.
The Glendale Police Department employs various strategies that may lead to felon in possession arrests:
Glendale’s location in Los Angeles County means:
Glendale’s diverse population, including significant Armenian, Latino, and Asian communities, creates cultural and linguistic considerations. At Tu Defensor Criminalista, we provide bilingual services in English and Spanish and understand cultural dynamics affecting our clients.
The Los Angeles County Superior Court system, including the Glendale Courthouse, handles enormous caseloads. According to the Los Angeles County Superior Court[14], the court processes hundreds of thousands of cases annually. This volume creates both challenges and opportunities:
Many clients ask whether they can ever legally possess firearms again after a felony conviction. The answer depends on the specific conviction and relief obtained.
Under California Penal Code Section 17(b), some felony convictions can be reduced to misdemeanors. This applies to “wobbler” offenses that could have been charged as either felonies or misdemeanors. If your prior conviction is reduced to a misdemeanor, it may no longer prohibit firearm possession, though exceptions exist.
Under Penal Code Section 1203.4, you can petition for dismissal of your conviction after successfully completing probation. However, expungement has limited effect on gun rights:
For more serious convictions, obtaining a Certificate of Rehabilitation and a gubernatorial pardon may restore gun rights. This process:
Federal firearm prohibitions under 18 U.S.C. § 922(g) can potentially be relieved through:
The complexity of gun rights restoration makes experienced legal counsel essential.
Your immediate actions after being arrested or learning you’re under investigation can significantly impact your case outcome.
Right to Remain Silent: Don’t make statements to police without your attorney present. This is critical in felon in possession cases where anything you say about knowing the firearm was present, who it belonged to, or how long you had it can be used against you.
Right to an Attorney: Invoke your Sixth Amendment right to counsel immediately. Don’t answer questions, agree to searches, or make decisions without legal representation.
Right Against Unreasonable Searches: Don’t consent to searches of your home, vehicle, or person. While you shouldn’t physically resist, clearly state you don’t consent.
Avoid discussing your case with anyone except your attorney:
As soon as possible:
If released on bail or your own recognizance:
Violations can result in bail revocation and return to custody.
The sooner you have experienced legal representation, the better your chances of a favorable outcome. Early intervention allows your attorney to:
At Tu Defensor Criminalista, we bring extensive experience, thorough preparation, and unwavering commitment to every felon in possession case we handle.
We conduct independent investigations that include:
We carefully examine your prior conviction(s) to determine:
Many felon in possession cases involve searches that may violate constitutional rights. We have extensive experience challenging:
When Fourth Amendment violations exist, we file motions to suppress evidence, which often results in case dismissal.
We leverage our experience, legal knowledge, and relationships with prosecutors to negotiate:
When cases proceed to trial, we provide:
We understand you’re facing one of the most stressful experiences of your life. We provide:
We consider all aspects of your case and circumstances:
Yes. If you knowingly possessed or controlled a firearm, ownership is irrelevant. However, if you didn’t know the firearm was present or didn’t have control over it, you may have a strong defense.
If your prior conviction was reduced to a misdemeanor before you possessed the firearm, it may no longer prohibit firearm possession. We carefully analyze the timing and nature of the reduction to determine its effect on current charges.
Lack of knowledge that you’re prohibited is generally not a defense. However, if your prior conviction doesn’t actually qualify for prohibition or was set aside, that’s a different issue we can pursue.
Felon in possession under PC 29800 is always a felony. However, we may be able to negotiate reduced charges to lesser offenses that are misdemeanors, depending on the circumstances and strength of the prosecution’s case.
If law enforcement violated your Fourth Amendment rights, evidence from the illegal search can be suppressed. Without evidence of the firearm, prosecutors cannot proceed with the case.
Standard sentences range from 16 months to three years. However, prior strikes, gang enhancements, or other factors can significantly increase sentences, potentially to 25 years to life in extreme cases.
Potentially, depending on the conviction. Options include reduction to misdemeanor, Certificate of Rehabilitation with pardon, or other relief. The process is complex and time-consuming but may be possible for some convictions.
State cases are prosecuted by the Los Angeles County District Attorney in state court, while federal cases are prosecuted by the U.S. Attorney in federal court. Federal sentences are often harsher, and federal law may apply different standards for prohibited persons.
Being on probation or parole when charged with felon in possession creates additional complications, including potential probation or parole violations, which can result in additional custody time beyond the new offense.
Yes. The law prohibits possession of firearms regardless of whether they’re loaded. Separate laws also prohibit ammunition possession by convicted felons.
Miranda rights are required before custodial interrogation. If police questioned you in custody without reading Miranda rights, your statements may be suppressed, though this doesn’t automatically dismiss the case.
For non-citizens, felon in possession convictions are extremely serious and often result in deportation, denial of naturalization, and inadmissibility for future immigration benefits. Coordinating criminal defense with immigration counsel is critical.
If you’ve been served with a Felon in Possession of Firearms in Glendale, time is running out. Don’t face this crisis alone. Contact Tu Defensor Criminalista immediately for a free, confidential consultation about your case.
Attorney Armando Josué Cespedes is rated 5.0 on Avvo, with 34 five-star reviews from clients praising his dedication, professionalism, and results. Many note how his trial skills and attention to detail led to reduced charges or outright dismissals.












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