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Felon in Possession of a Firearm Defense Attorney in West Covina

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Expert Criminal Defense for Prohibited Persons Gun Charges, Ammunition Possession & Federal Firearm Violations in West Covina, Azusa, Glendora, Walnut & San Gabriel Valley

Charged with felon in possession of a firearm in West Covina? You’re facing devastating California Penal Code Section 29800 violations carrying mandatory state prison sentences, additional strikes under California’s Three Strikes Law, federal prosecution with decades in federal prison, permanent loss of gun rights, and catastrophic consequences destroying your freedom, employment, and future. Whether arrested during a traffic stop, probation search, domestic violence call, or parole compliance check with firearms or ammunition discovered in your vehicle, home, or person, these convictions guarantee years behind bars even for simple possession without any threatening conduct or criminal activity.

Los Angeles County prosecutors and federal authorities aggressively pursue felon-in-possession cases, stacking charges, seeking sentence enhancements, and demanding maximum prison terms regardless of circumstances, rehabilitation, or time since prior convictions.

At Tu Defensor Criminalista, we provide relentless criminal defense representation for clients throughout West Covina and the entire San Gabriel Valley facing felon in possession of firearm charges, prohibited persons violations, and related weapons offenses. Our experienced criminal defense team understands California’s complex firearm prohibition laws, federal weapons statutes, constitutional challenges to gun possession restrictions, and the life-altering consequences these prosecutions bring. We fight aggressively to challenge illegal searches and seizures, expose constructive possession weaknesses, pursue charge dismissals and reductions, restore gun rights when possible, and protect your freedom against overzealous prosecution.

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Understanding Felon in Possession of a Firearm Under California Penal Code Section 29800

California Penal Code Section 29800 prohibits convicted felons and certain other individuals from owning, purchasing, receiving, or possessing firearms or ammunition. This statute creates strict liability offenses where prosecutors need not prove you intended to commit crimes with the firearm—mere possession violates the law and triggers severe penalties.

Who Is Prohibited From Possessing Firearms in California?

California law prohibits multiple categories of individuals from firearm possession:

  • Convicted Felons (PC 29800(a)(1)) – Anyone convicted of any felony under California law or any federal felony is permanently prohibited from possessing firearms or ammunition. This applies regardless of whether the felony involved violence, weapons, or any connection to guns. Convictions for drug offenses, theft crimes, fraud, and non-violent felonies all trigger lifetime firearm bans.
  • Specific Violent Crimes – Persons convicted of certain misdemeanors face 10-year firearm prohibitions including domestic violence offenses, assault and battery, brandishing weapons, and other specified crimes of violence.
  • Active Restraining Orders – Individuals subject to domestic violence restraining orders, civil harassment orders, or criminal protective orders are prohibited from possessing firearms while orders remain in effect.
  • Mental Health Commitments – Persons involuntarily committed to mental health facilities or determined to be dangers to themselves or others face firearm prohibitions.
  • Juvenile Adjudications – Certain serious juvenile offenses trigger firearm prohibitions continuing into adulthood.

According to the California Department of Justice Bureau of Firearms, over 1.2 million individuals are currently prohibited from possessing firearms in California based on criminal convictions, restraining orders, and mental health determinations. Law enforcement agencies conduct thousands of armed prohibited person searches annually, targeting individuals identified through database cross-referencing.

Elements the Prosecution Must Prove Beyond Reasonable Doubt

To convict you of felon in possession of a firearm under PC 29800, the Los Angeles County District Attorney or federal prosecutors must prove each element beyond reasonable doubt:

1. You were previously convicted of a felony – Prosecutors must establish you have a prior felony conviction under California law or federal law. This requires certified conviction records, fingerprint comparisons, and proof the prior conviction qualifies as a felony. Plea bargains reducing charges to misdemeanors, expunged convictions, or convictions later reduced may not qualify as predicates.

2. You owned, purchased, received, or possessed a firearm – Prosecutors must prove you exercised control over the firearm through actual possession (gun on your person or in your hand) or constructive possession (gun in location you control with knowledge of its presence). Constructive possession cases involving firearms found in shared vehicles, homes, or areas accessible to multiple people create defense opportunities.

3. You knew you possessed the firearm – You must have known the firearm was present. If someone placed a gun in your vehicle without your knowledge, you cannot be convicted. Lack of knowledge negates the required element.

4. The object was a firearm – The weapon must meet California’s legal definition of “firearm” including handguns, rifles, shotguns, and certain other weapons. BB guns, antique firearms, and non-functioning weapons may not qualify depending on specific facts.

Prosecutors need not prove you intended to use the firearm unlawfully or committed any other crimes. Simple possession while being a prohibited person constitutes the offense.

Penalties for Felon in Possession of a Firearm in West Covina

California and federal law impose severe mandatory penalties for felon firearm possession:

California PC 29800 Penalties:

  • Felony conviction (no misdemeanor option)
  • 16 months, 2 years, or 3 years in California state prison
  • Fines up to $10,000
  • Formal felony probation (rare and only in exceptional circumstances)
  • Additional strike under Three Strikes Law if prior conviction was serious or violent felony
  • Lifetime firearm prohibition continuation

Enhanced Penalties for Specific Prior Convictions:

If your prior felony conviction involved violence or weapons, enhanced penalties apply:

  • Prior violent felony: Mandatory state prison sentence, no probation eligibility
  • Prior serious felony: Strike added to criminal record
  • Multiple prior violent felonies: 25 years to life under Three Strikes Law

Federal Firearm Possession Penalties (18 USC § 922(g)):

Federal prosecution for felon in possession of firearm carries even harsher penalties:

  • Up to 10 years in federal prison for basic violations
  • Mandatory minimum 15 years if three or more prior violent felony or serious drug convictions (Armed Career Criminal Act)
  • Mandatory consecutive sentences if convicted of other federal offenses
  • Federal supervised release following prison
  • No parole in federal system (must serve 85% of sentence minimum)

According to the United States Sentencing Commission, the average sentence imposed for federal felon in possession violations in 2022 was 68 months (5.6 years) in federal prison, with sentences ranging from probation to decades behind bars depending on criminal history and case circumstances.

Sentence Enhancements:

Additional penalties apply when aggravating factors exist:

  • Firearm was loaded: Additional consecutive year in state prison
  • Firearm was stolen: Additional consecutive year in state prison
  • Possession during commission of other felonies: Additional consecutive sentences
  • Gang enhancements: Additional 2-10 years if possession was gang-related
  • Prior serious/violent felony strikes: Double sentence or 25-to-life under Three Strikes

Immigration Consequences of Felon Firearm Possession Convictions

For non-citizens in West Covina and throughout Los Angeles County, felon in possession convictions trigger catastrophic immigration consequences. Under federal immigration law, firearm offenses constitute aggravated felonies mandating deportation:

  • Automatic deportation/removal for lawful permanent residents
  • No discretionary relief or cancellation of removal available
  • Mandatory detention during removal proceedings
  • Permanent inadmissibility to United States
  • No possibility of returning to U.S. even with family ties

The U.S. Department of Homeland Security identifies firearm violations as priority enforcement categories. According to Immigration and Customs Enforcement statistics, thousands of non-citizens are deported annually following firearm-related convictions, with no possibility of waiver or humanitarian relief.

Collateral Consequences Beyond Prison

Felon in possession convictions destroy lives beyond incarceration:

  • Permanent Firearm Prohibition – Conviction ensures lifetime prohibition from ever owning, possessing, or accessing firearms or ammunition. No restoration of rights possible in California for most felony convictions.
  • Employment Devastation – Firearm convictions appear on all background checks, disqualifying you from most employment. Jobs in security, law enforcement, military, government, education, healthcare, and positions requiring background checks become impossible.
  • Professional Licensing – State licensing boards revoke or deny licenses for attorneys, healthcare professionals, contractors, real estate agents, and other licensed occupations following weapons convictions.
  • Housing Restrictions – Landlords routinely reject applicants with weapons convictions. Public housing authorities permanently ban individuals with firearm offenses.
  • Federal Benefits Loss – Certain federal benefits including student financial aid, public housing assistance, and other programs become unavailable following felony convictions.
  • Custody and Visitation – Family courts consider weapons convictions when determining child custody and visitation, often denying or restricting parental rights based on firearm offenses.
  • Voting Rights – Felony convictions suspend voting rights during incarceration and parole, though rights restore after completion of sentence in California.

Felon in Possession Charges in West Covina: Local Context and Enforcement

West Covina, located in eastern Los Angeles County with a population exceeding 106,000 residents, experiences aggressive enforcement of firearm possession laws targeting prohibited persons. The intersection of state and federal law enforcement creates multiple prosecution pathways for firearm violations.

West Covina Law Enforcement and Firearm Prosecutions

The West Covina Police Department, employing approximately 130 sworn officers, actively investigates and arrests prohibited persons found with firearms. Officers utilize several methods to identify and apprehend individuals:

  • Traffic Stops – Officers conduct vehicle searches during traffic stops, discovering firearms in vehicles occupied or controlled by prohibited persons. Even passengers in vehicles containing firearms face arrest and prosecution for constructive possession.
  • Probation and Parole Searches – Individuals on probation or parole typically consent to warrantless searches as conditions of supervision. Probation officers and police conduct compliance checks searching residences, vehicles, and persons, frequently discovering firearms.
  • Domestic Violence Calls – Officers responding to domestic disturbances routinely search for weapons, arresting prohibited persons found with firearms during investigations.
  • Search Warrants – Law enforcement executes search warrants at residences based on tips, investigations, or probation violations, seizing firearms and arresting occupants prohibited from possession.
  • Gun Violence Restraining Orders – California’s gun violence restraining order laws allow law enforcement to seize firearms from individuals deemed dangerous, leading to prosecutions when prohibited persons refuse to surrender weapons or are later found in possession.

According to the California Department of Justice’s Armed Prohibited Persons System (APPS), California identified over 23,000 individuals illegally possessing firearms in recent years. Law enforcement agencies throughout Los Angeles County prioritize enforcement against armed prohibited persons, conducting targeted operations and investigations.

Federal Prosecution in West Covina Cases

Many felon in possession cases in West Covina trigger federal prosecution through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and United States Attorney’s Office for the Central District of California. Federal authorities prosecute cases involving:

  • Multiple firearms or large quantities of ammunition
  • Stolen firearms or firearms with obliterated serial numbers
  • Prohibited persons with extensive criminal histories
  • Firearms possessed during drug trafficking or gang activity
  • Cases involving interstate firearm trafficking

Federal prosecution carries significantly harsher penalties than state charges, with mandatory minimum sentences and no possibility of parole. The Central District of California, which includes West Covina, prosecutes hundreds of federal firearm cases annually.

Common Scenarios Leading to Arrests in West Covina

  • Vehicle Stops – You’re pulled over for traffic violation in West Covina. Officers smell marijuana or claim to see contraband, searching your vehicle and discovering a firearm. Even if the gun belongs to a passenger or you didn’t know it was there, you face arrest and prosecution.
  • Home Searches – Probation officers conduct surprise compliance check at your residence. They search your home and discover firearms in a closet, garage, or bedroom. Even if the guns belong to family members living with you, you face charges for constructive possession.
  • Domestic Incidents – Police respond to argument at your home. During investigation, officers spot firearms and run background checks, discovering your prohibited status. You’re arrested even though no violence occurred and you never touched the weapons.
  • Storage Units and Other Locations – Law enforcement executes search warrant at storage unit rented in your name, discovering firearms. Prosecutors charge you with possession despite arguments the guns belonged to others or you had no recent access.
  • Traffic Accidents – You’re involved in collision in West Covina. Officers search your vehicle and find a firearm. Even if you legally possessed the gun before your felony conviction or received it as inheritance, you face immediate arrest.

West Covina Court System and Case Processing

Felon in possession cases from West Covina are prosecuted by the Los Angeles County District Attorney’s Office and heard in the Pomona branch of the Los Angeles County Superior Court, located at 400 Civic Center Plaza, Pomona, California 91766. This courthouse serves West Covina and surrounding San Gabriel Valley communities.

Federal cases are prosecuted by the United States Attorney’s Office for the Central District of California and heard in the United States District Court for the Central District of California, with courthouses in downtown Los Angeles and Riverside.

Los Angeles County prosecutors aggressively pursue felon in possession cases, rarely offering favorable plea agreements and typically demanding state prison sentences. Federal prosecutors maintain even stricter policies, with mandatory minimum sentences limiting negotiation possibilities.

Legal Defenses to Felon in Possession of a Firearm Charges in West Covina

Defeating felon in possession charges requires sophisticated legal strategies attacking every element of the prosecution’s case and raising constitutional challenges. Our criminal defense team employs comprehensive defense approaches:

Challenging the Predicate Felony Conviction

Prosecutors must prove you have a valid prior felony conviction. We challenge predicate convictions through:

  • Conviction Reduction or Expungement – If your prior conviction was reduced to a misdemeanor under Proposition 47, expunged under PC 1203.4, or set aside, it may not qualify as a predicate felony. We obtain certified court records establishing conviction status.
  • Out-of-State Conviction Challenges – Federal or out-of-state convictions must be equivalent to California felonies. We analyze statutory elements proving convictions wouldn’t constitute felonies under California law.
  • Restoration of Rights – If you obtained firearm rights restoration through pardon, certificate of rehabilitation, or other legal mechanisms, prosecution may be barred.
  • Improper Prior Conviction – We challenge identity issues, proving prior conviction records belong to someone else or involved misidentification.
  • Juvenile Adjudication Issues – Juvenile adjudications may not qualify as predicate convictions depending on age, offense, and procedural protections afforded.

Illegal Search and Seizure – Fourth Amendment Violations

Most felon in possession cases involve police searches and seizures. We file motions to suppress evidence obtained through:

  • Unlawful Traffic Stops – Officers lacked reasonable suspicion to stop your vehicle or prolonged detention without justification. Without lawful stop, any evidence discovered must be suppressed.
  • Illegal Vehicle Searches – Police searched your vehicle without consent, probable cause, or valid search warrant exception. We challenge pretextual searches, invalid consent, and exceeded scope.
  • Warrantless Home Searches – Officers entered or searched your residence without warrant, consent, or exigent circumstances. Probation search conditions must be valid and properly executed.
  • Invalid Search Warrants – Search warrants lacked probable cause, contained false statements, or exceeded authorized scope. We file Franks motions challenging warrant validity.
  • Probation Search Violations – Even individuals on probation have Fourth Amendment protections. We challenge searches exceeding conditions, conducted by unauthorized persons, or involving areas not covered by search conditions.
  • Miranda Violations – Police interrogated you in custody without providing Miranda warnings or continued questioning after you invoked rights. Suppressing statements can eliminate critical evidence.

Successful suppression motions often result in complete case dismissal when firearms and statements are excluded from trial.

Lack of Possession – Constructive Possession Challenges

Prosecutors must prove you possessed the firearm through actual or constructive possession. We challenge possession through:

  • No Knowledge of Firearm – You didn’t know the firearm was present in your vehicle, residence, or area. Someone else placed it there without your knowledge or consent. Lack of knowledge negates required possession element.
  • No Control or Access – Multiple people had access to the location where firearms were found. You didn’t exercise control over the area. Shared residences, vehicles, or storage areas create reasonable doubt about who possessed firearms.
  • Temporary or Inadvertent Possession – You briefly touched or moved firearm to make it safe, prevent access by children, or turn it over to law enforcement. Momentary possession for lawful purposes may not constitute criminal possession.
  • Planted Evidence – Law enforcement or others planted firearms to frame you. We investigate thoroughly to expose fabricated evidence.

Lack of Knowledge Element

Even if you possessed the firearm, prosecutors must prove you knew it was present:

  • Borrowed Vehicle – You drove someone else’s vehicle unaware firearms were inside. The owner stored guns without informing you.
  • Moved or Relocated Items – You moved boxes, bags, or containers belonging to others without knowing firearms were inside.
  • Home Visitors – Friends or family members visiting your home brought firearms without your knowledge or consent.
  • Unknowing Storage – Someone asked you to store items in your garage or storage unit containing hidden firearms.

Firearm Definition Challenges

The object must meet California’s legal definition of “firearm”:

  • Non-Functioning Weapons – Gun was inoperable, broken, or missing critical components preventing it from firing. Inoperable firearms may not constitute firearms under California law depending on capability of repair.
  • Antique Firearms – Weapons manufactured before 1899 or replica antique firearms may be exempt from prohibition laws.
  • BB Guns and Replicas – Object prosecutors claim was firearm was actually BB gun, pellet gun, or realistic replica not constituting firearm under California law.
  • Parts and Components – Possession of firearm parts, components, or incomplete receivers may not constitute possession of functional firearm.

Constitutional Challenges

We raise constitutional challenges to firearm prohibition laws:

  • Second Amendment Rights – Though difficult, we challenge firearm prohibitions as violating Second Amendment rights, particularly for individuals with remote, non-violent prior convictions who pose no public safety threat.
  • Equal Protection – We challenge disparate treatment of similarly situated individuals under prohibition laws.
  • Due Process – We argue lifetime firearm bans without possibility of rights restoration violate due process, particularly for rehabilitated individuals decades removed from prior offenses.

Recent Supreme Court decisions in District of Columbia v. Heller, McDonald v. Chicago, and New York State Rifle & Pistol Association v. Bruen have strengthened Second Amendment protections, creating new avenues for challenging broad firearm prohibitions.

Mistake of Fact

You reasonably but mistakenly believed you were legally permitted to possess firearms:

  • Rights Restoration Belief – You reasonably believed your conviction was expunged, reduced, or your rights were restored through pardon or other mechanism.
  • Misunderstanding of Law – You genuinely believed your prior conviction didn’t constitute felony prohibiting firearm possession, particularly for out-of-state convictions or old offenses.
  • Reliance on Legal Advice – You relied on attorney advice or law enforcement statements indicating you could legally possess firearms.

While mistake of fact defenses face challenges in strict liability offenses, we present evidence demonstrating good faith belief in lawful possession.

Necessity and Duress

In rare circumstances, necessity or duress may justify illegal firearm possession:

  • Imminent Threat – You possessed firearm briefly to protect yourself or others from imminent serious bodily injury or death when no alternative existed.
  • Duress – Someone forced you to possess firearm through threats of serious harm leaving no reasonable alternative.

These defenses require immediate surrender to law enforcement and specific factual scenarios justifying temporary possession.

Why Choose Tu Defensor Criminalista for West Covina Felon in Possession Defense

Facing felon in possession charges in West Covina demands experienced criminal defense attorneys who understand complex firearm laws, constitutional protections, and aggressive prosecution tactics. Our firm provides:

  • Extensive Firearm Law Expertise – We have successfully defended hundreds of clients against felon in possession charges, prohibited persons violations, and weapons offenses throughout Los Angeles County and federal court. Our attorneys stay current on evolving California firearm laws and landmark federal court decisions affecting gun rights.
  • Constitutional Law Knowledge – We understand Second Amendment jurisprudence, Fourth Amendment search and seizure law, and constitutional challenges to firearm prohibitions. We raise sophisticated legal arguments other attorneys miss.
  • Aggressive Suppression Motions – Most felon in possession cases involve constitutional violations during searches and seizures. We file aggressive motions to suppress, challenging every aspect of law enforcement conduct and excluding illegally obtained evidence.
  • Federal Court Experience – Many cases trigger federal prosecution with mandatory minimum sentences. We have extensive experience in federal court, negotiating with federal prosecutors, and defending clients facing Armed Career Criminal Act enhancements.
  • Early Case Intervention – We investigate immediately, interviewing witnesses, obtaining police reports and body camera footage, examining evidence, and building defenses before prosecutors finalize charges.
  • Firearm Rights Restoration – When appropriate, we pursue firearm rights restoration through Certificates of Rehabilitation, pardons, Proposition 47 and Proposition 64 resentencing, and early termination of probation.
  • Trial Experience – We are seasoned trial attorneys who have won acquittals in felon in possession cases. We aren’t afraid to take your case to jury trial when evidence supports reasonable doubt.
  • Personalized Service – You work directly with experienced attorneys, not paralegals. We provide 24/7 availability and keep you informed throughout every stage.
  • Bilingual Representation – Complete legal services in English and Spanish ensure you fully understand proceedings, charges, and options.

Related Firearm and Weapons Charges We Defend in West Covina

Felon in possession charges often accompany other weapons and firearm offenses. We defend clients against:

  • Carrying a Loaded Firearm (PC 25850) – Possessing loaded firearms in public or vehicles violates California law even for non-prohibited persons.
  • Carrying Concealed Weapon (PC 25400) – Carrying concealed firearms without valid permits constitutes separate offense, often charged alongside felon in possession.
  • Possession of Ammunition (PC 30305) – Prohibited persons cannot possess ammunition. Simple possession of bullets, shells, or cartridges violates California law carrying additional felony charges.
  • Possession of Assault Weapons (PC 30605) – Possessing firearms classified as assault weapons under California law carries enhanced penalties.
  • Short-Barreled Rifle/Shotgun Possession (PC 33215) – Possessing rifles or shotguns with barrels under legal length constitutes serious felony.
  • Manufacture of Firearms (PC 29180) – Manufacturing, assembling, or producing firearms without proper licensing violates state and federal law.
  • Sale or Transfer of Firearms (PC 27500) – Illegally selling or transferring firearms, particularly by prohibited persons, carries severe penalties.
  • Possession of Firearm with Obliterated Serial Numbers (PC 23920) – Possessing firearms with removed or altered serial numbers indicates illegal trafficking.
  • Federal Firearm Charges (18 USC §§ 922, 924) – Federal violations including interstate firearm trafficking, straw purchases, lying on firearm applications, and possession by prohibited persons.
  • Armed Career Criminal Act (18 USC § 924(e)) – Federal enhancement imposing mandatory 15-year minimum sentences for prohibited persons with three prior violent felony or serious drug convictions.

We provide comprehensive defense against all state and federal firearm charges, protecting your freedom and constitutional rights.

The Felon in Possession Case Process in West Covina and Los Angeles County

Understanding the criminal process helps you protect your rights and make informed decisions:

Arrest and Booking

Felon in possession arrests typically occur during:

  1. Traffic stops with vehicle searches
  2. Probation or parole compliance checks
  3. Search warrant executions
  4. Responses to domestic violence calls
  5. Investigations of other crimes

Officers transport you to West Covina Police Department for booking, then to Los Angeles County Jail. Federal arrests may involve FBI or ATF agents with booking at federal facilities.

Critical: Remain silent. Do not discuss the firearm, how you obtained it, or why you possessed it. Exercise your Fifth Amendment right to remain silent and request an attorney immediately.

Bail and Detention

Felon in possession charges typically involve high bail amounts or no-bail holds:

  • State charges: Bail typically $50,000-$150,000 depending on circumstances
  • Federal charges: Often no bail with mandatory detention pending trial
  • Prior convictions and criminal history significantly impact bail

We work urgently to secure your release through bail reduction motions, presenting evidence of community ties, lack of flight risk, and rehabilitation.

Arraignment

First court appearance occurs within 48-72 hours if in custody. At arraignment:

  • Formal charges are read
  • You enter not guilty plea
  • Bail is addressed
  • Future court dates scheduled
  • Protective or stay-away orders may issue

We appear with you, enter not guilty pleas, argue for bail reduction, and begin building your defense immediately.

Preliminary Hearing (Felony Cases)

Preliminary hearings occur within 10 court days if in custody, 60 days if released. Prosecutors present evidence establishing probable cause. We:

  • Cross-examine prosecution witnesses
  • Challenge evidence admissibility
  • Identify weaknesses in prosecution case
  • Obtain testimony for use at trial

Many cases are dismissed at preliminary hearing when prosecutors cannot establish probable cause.

Pretrial Proceedings

Pretrial phase includes:

  • Discovery – We obtain all prosecution evidence including police reports, search warrants, forensic reports, witness statements, body camera footage, and laboratory analyses. We examine everything for constitutional violations and defense evidence.
  • Motions – We file legal motions including:
    • Motions to suppress evidence from illegal searches
    • Motions to dismiss for insufficient evidence
    • Pitchess motions to obtain police misconduct records
    • Motions challenging predicate conviction validity
    • Constitutional challenges to firearm prohibition laws
  • Plea Negotiations – We negotiate with prosecutors seeking charge reductions, dismissals, or favorable agreements. In rare circumstances, we may negotiate misdemeanor resolutions or alternatives to prison.
  • Trial Preparation – If proceeding to trial, we prepare comprehensive defense strategies, interview witnesses, consult experts, and develop trial themes.

Trial

If your case proceeds to trial:

  • Jury Selection – We carefully select jurors who will fairly evaluate evidence and understand constitutional protections.
  • Opening Statements – We preview defense evidence and highlight prosecution weaknesses.
  • Prosecution Case – We vigorously cross-examine witnesses, challenge forensic evidence, and expose reasonable doubt.
  • Defense Case – We present defense witnesses, expert testimony, constitutional challenges, and evidence establishing innocence or affirmative defenses.
  • Closing Arguments – We argue forcefully for acquittal, emphasizing reasonable doubt and constitutional violations.

Sentencing

If convicted, sentencing occurs at separate hearing. We present mitigation evidence including:

  • Character witnesses and community support letters
  • Evidence of rehabilitation and post-conviction conduct
  • Family circumstances and hardship
  • Employment and education achievements
  • Mental health or substance abuse treatment completion

We argue for minimum sentences, alternatives to prison when available, and concurrent rather than consecutive sentences for multiple charges.

Protecting Your Rights After Felon in Possession Accusations

If accused of possessing firearms while prohibited:

1. Exercise Right to Remain Silent – Do not explain how you obtained the firearm, why you possessed it, or discuss your criminal history. Police use every statement against you.

2. Refuse Consent to Searches – Do not consent to searches of your vehicle, home, or property. Require officers to obtain search warrants.

3. Request Attorney Immediately – State clearly: “I want to speak with my attorney. I am exercising my right to remain silent.” Do not answer questions without legal representation.

4. Do Not Resist or Flee – Even if arrest is unlawful, do not physically resist or attempt to flee. These actions create additional charges and endanger your safety.

5. Document Everything – After release, write detailed accounts of the arrest, what officers said and did, witnesses present, and any evidence supporting your defense.

6. Preserve Evidence – Save text messages, emails, receipts, or documents showing you didn’t possess firearms or didn’t know they were present.

7. Contact Experienced Attorney Immediately – Time is critical. Early attorney involvement allows us to investigate before evidence disappears, interview witnesses before memories fade, and begin building your defense immediately.

Communities We Serve Throughout the San Gabriel Valley

Tu Defensor Criminalista provides felon in possession defense throughout West Covina and surrounding Los Angeles County communities:

  • Baldwin Park – Defending residents against firearm possession charges throughout Baldwin Park
  • Covina – Representing clients facing prohibited person violations in Covina
  • La Puente – Fighting felon in possession prosecutions in La Puente and surrounding areas
  • Azusa – Protecting defendants against weapons charges throughout Azusa
  • Glendora – Defending firearm possession cases in Glendora and foothill communities
  • Walnut – Representing prohibited persons accused of firearm violations in Walnut
  • San Dimas – Providing defense services for weapons charges in San Dimas
  • Pomona – Defending clients prosecuted in Pomona Superior Court for firearm offenses
  • Diamond Bar – Fighting prohibited person charges throughout Diamond Bar
  • Rowland Heights – Representing clients facing felon in possession allegations in Rowland Heights
  • Hacienda Heights – Defending residents against firearm violations in Hacienda Heights
  • El Monte – Protecting defendants in El Monte facing weapons charges
  • Rosemead – Providing aggressive defense for firearm cases in Rosemead
  • Monterey Park – Representing clients throughout Monterey Park and surrounding areas
  • Alhambra – Defending against prohibited person prosecutions in Alhambra

We serve the entire San Gabriel Valley region with comprehensive criminal defense representation.

Frequently Asked Questions – Felon in Possession of a Firearm

Can I possess firearms if my felony conviction was decades ago?

No, not under California law. Felony convictions create lifetime firearm prohibitions regardless of how much time has passed. The only exceptions are if your conviction was expunged and reduced to a misdemeanor, you received a pardon restoring gun rights, or you obtained a Certificate of Rehabilitation with firearm rights restoration. Simply completing your sentence and staying crime-free for many years doesn’t restore gun rights automatically.

What if the firearm belonged to my spouse or family member living with me?

You can still be convicted of constructive possession if firearms are in your home or areas you control, even if they belong to family members. However, this creates defense opportunities. If firearms were stored in locked safes you couldn’t access, kept in areas exclusively controlled by others, or you genuinely didn’t know they were present, we may defeat constructive possession charges.

Can I be charged if I just touched or moved a firearm briefly?

Potentially, yes. Any exercise of control over a firearm, even momentarily, can constitute possession. However, brief touching to make firearms safe, prevent children from accessing them, or immediately turn them over to law enforcement may not constitute criminal possession. Context and intent matter significantly.

What’s the difference between state and federal felon in possession charges?

State charges under PC 29800 typically carry 16 months to 3 years in state prison. Federal charges under 18 USC § 922(g) carry up to 10 years in federal prison, with mandatory 15-year minimum sentences if you have three prior violent felonies or serious drug convictions under the Armed Career Criminal Act. Federal prison has no parole, requires serving 85% minimum of sentence, and imposes supervised release after prison.

Will I definitely go to prison if convicted of felon in possession?

In most cases, yes. California law makes felon in possession a straight felony with presumptive state prison sentence. Probation is rare and only granted in exceptional circumstances. Federal convictions guarantee federal prison time. The severity of your prior convictions, whether you have strikes, and aggravating factors all impact sentencing.

Can police search my home just because I’m a felon?

Not automatically. Even convicted felons retain Fourth Amendment protections against unreasonable searches. Police need search warrants, consent, or valid exceptions to search your home. However, if you’re on probation or parole with search conditions, officers may conduct warrantless searches as conditions of supervision. Even then, searches must comply with constitutional requirements and stay within authorized scope.

What if I didn’t know I was prohibited from possessing firearms?

Ignorance of the law generally isn’t a defense. However, if you reasonably believed your conviction was expunged, reduced to misdemeanor, or your rights were restored, we may present mistake of fact defenses. Cases involving complex out-of-state convictions or old offenses sometimes create genuine confusion about prohibition status.

Can ammunition possession alone result in felony charges?

Yes. California PC 30305 makes it illegal for prohibited persons to possess ammunition. Even possessing bullets without any firearm constitutes separate felony carrying 16 months to 3 years in state prison. Prosecutors often charge both firearm and ammunition possession as separate counts.

How can I get my gun rights restored in California?

Options are limited but include: (1) Obtaining expungement under PC 1203.4 and reduction to misdemeanor for qualifying convictions; (2) Pursuing Proposition 47 resentencing for certain drug and theft felonies; (3) Obtaining governor’s pardon with firearm rights restoration; (4) Certificate of Rehabilitation (though this doesn’t automatically restore rights). Each option has specific eligibility requirements and procedures.

What if the firearm was found in my car but I was just a passenger?

You can still face charges for constructive possession, though this creates strong defenses. If you were merely a passenger with no control over the vehicle, didn’t own or rent the car, and didn’t know firearms were present, we can defeat prosecution. Evidence showing the driver or owner possessed the firearm strengthens your defense.

Will I be deported if convicted of felon in possession as a non-citizen?

Almost certainly. Firearm violations are aggravated felonies under immigration law mandating deportation with no discretionary relief available. Even lawful permanent residents with decades in the United States face deportation. If you’re not a U.S. citizen, it’s critical to fight these charges aggressively or negotiate outcomes avoiding firearm convictions.

Can I possess a firearm in my own home for self-defense?

No, not if you’re prohibited under PC 29800. Even home possession violates California law. The Second Amendment doesn’t override felony firearm prohibitions, though recent Supreme Court decisions may create challenges to prohibition laws in specific circumstances. We analyze whether your particular situation may qualify for constitutional challenges.

What if I possessed the firearm only to prevent someone else from using it dangerously?

This may create necessity or duress defenses. If you temporarily possessed a firearm to prevent imminent serious injury to yourself or others, disarm a dangerous person, or protect children from accessing weapons, we present these facts to prosecutors and juries. Immediate surrender to law enforcement strengthens necessity claims.

How much does it cost to hire a felon in possession defense attorney?

Legal fees vary based on whether charges are state or federal, case complexity, and whether trial is necessary. However, the investment in experienced representation is minimal compared to consequences of conviction including years in prison, lifetime firearm prohibition, and destroyed employment prospects. We offer free consultations and flexible payment plans.

Should I accept a plea deal if offered?

Never accept plea offers without consulting experienced criminal defense counsel. Prosecutors often overcharge and offer “deals” that are actually harsh sentences. We evaluate every aspect of your case, identify defenses and suppression issues, and determine whether offered pleas represent fair resolutions or whether we should proceed to trial.

Contact Tu Defensor Criminalista for West Covina Felon in Possession of a Firearms Defense

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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.

I was arrested for a DUI just recently, since Spanish is my first language, it was important to find a great attorney who was bilingual. Getting your first DUI can...
Christian
Armando cespedes went above and beyond for my case. I was very close to getting my license revoked as I am under the age of 21 and received my second...
Nathan
I was referred to Mr. Cespedes by a family friend who was very pleased with his legal services. Unfortunately, I got a DUI a few months ago and I was...
Connie
He cares and did everything possible to help me resolve my case. I was worried about my hit and run and DUI case. Not only did he go to court...
Pablo M.
Armando gets results with your best interest in mind. I was wrongfully being accused of making primal threats. Even though I was innocent, I was aware that the accusations are...
Raul
Extremely professional I recently had a brief phone consultation with Mr. Cespedes regarding a longtime friend of mine. Although he was unable to assist him with his legal needs, I...
Shereen

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