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Felon in Possession of a Firearm Attorney in Pomona

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Experienced Criminal Defense for PC 29800 Charges in Pomona and Los Angeles County

If you’ve been arrested for felon in possession of a firearm in Pomona, you’re facing one of California’s most aggressively prosecuted weapons offenses. Under California Penal Code Section 29800[1], any person previously convicted of a felony who owns, purchases, receives, or possesses a firearm faces serious felony charges with mandatory prison sentences, substantial fines, and lifetime consequences that can destroy your future.

At Tu Defensor Criminalista, we provide aggressive, results-driven defense representation for individuals facing felon in possession of a firearm charges throughout Pomona and Los Angeles County. Our criminal defense team understands the complex interplay between California’s strict firearms laws, constitutional protections, and the unique challenges posed by Pomona’s elevated crime rates and aggressive law enforcement practices.

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Understanding Felon in Possession of a Firearm Laws in California

California Penal Code Section 29800 PC prohibits specific categories of individuals from owning, possessing, purchasing, or having custody or control over any firearm. This statute applies to anyone who has been convicted of a felony offense in any jurisdiction—whether in California state courts, other states, or federal courts—as well as individuals with certain misdemeanor convictions and those addicted to narcotic drugs.

Who Is Prohibited From Possessing Firearms Under PC 29800?

The law identifies three primary groups of people who cannot lawfully possess firearms in California:

  • Convicted Felons: Any person convicted of any felony offense, regardless of when the conviction occurred or whether it was a violent or non-violent offense. This includes felony convictions from:
    • California state courts
    • Federal courts
    • Courts in other states or countries
    • Juvenile courts where the defendant was certified and tried as an adult

The prohibition applies to all felonies without exception. Even decades-old convictions for non-violent offenses like theft, fraud, or drug possession trigger the lifetime firearms ban under PC 29800.

  • Individuals with Specific Misdemeanor Convictions: Persons with two or more convictions for brandishing a weapon under Penal Code 417 PC, or those convicted of certain violent misdemeanors including assault with a deadly weapon, shooting at an inhabited dwelling, or domestic violence offenses.
  • Narcotic Drug Addicts: Anyone addicted to the use of narcotic drugs, defined as individuals who are physically and emotionally dependent on controlled substances.

What Constitutes “Possession” Under California Law?

Understanding the legal definition of “possession” is critical because prosecutors don’t need to prove that you were actively holding or carrying the firearm. California recognizes two distinct types of possession:

  • Actual Possession: Direct physical control over the firearm, such as holding it in your hand, carrying it on your person, or having it in your immediate reach.
  • Constructive Possession: Having access to or control over the firearm, even if you’re not physically holding it. This can include firearms stored in your vehicle, home, garage, or any other location where you have the right and ability to access the weapon.

Constructive possession is particularly problematic in cases involving shared residences, borrowed vehicles, or situations where multiple people have access to the same location. Prosecutors frequently charge individuals with constructive possession based on their mere presence near firearms, even when the weapons belong to other people.

Elements the Prosecution Must Prove

To convict you of violating Penal Code 29800 PC, the prosecution must establish beyond a reasonable doubt:

  1. You knowingly owned, purchased, received, or possessed a firearm
  2. You had a prior qualifying felony conviction or disqualifying misdemeanor conviction
  3. You knew you were in possession of the firearm

The knowledge requirement is essential. If you genuinely didn’t know the firearm was present—for example, if someone placed a gun in your vehicle without your knowledge—you cannot be convicted under PC 29800.


Why Pomona Residents Face Heightened Risk of PC 29800 Charges

Pomona presents unique challenges for individuals with prior felony convictions. As a city of approximately 151,713 residents[2], Pomona experiences significantly higher crime rates than state and national averages, which has resulted in aggressive law enforcement practices specifically targeting weapons offenses.

Pomona’s Crime Statistics and Law Enforcement Response

According to data from the City of Pomona Office of Violence Prevention[3], the city faces substantial challenges with gun violence:

  • Pomona averaged approximately 55 homicides and non-fatal injury shootings per year between 2013 and 2022
  • The city experienced 85 gun violence fatalities and 19 injuries between May 2014 and January 2024
  • From 2013 to 2022, Pomona’s homicide rate was 11.1 per 100,000 residents
  • Pomona’s homicide rate consistently exceeds both state and national rates
  • The city has over 19 active gangs with an estimated 570-690 gang members

Crime analysis data indicates that Pomona’s overall crime rate of 42.64 per 1,000 residents exceeds the national average of 33.37[4], with violent crime rates nearly twice the national average. According to NeighborhoodScout’s analysis[5], residents face a 1 in 148 chance of becoming victims of violent crime and a 1 in 33 chance of property crime victimization.

These elevated crime statistics have prompted intensive law enforcement initiatives targeting illegal firearms possession. Pomona Police Department works collaboratively with the Los Angeles County Sheriff’s Department, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Los Angeles County District Attorney’s Office to aggressively investigate and prosecute weapons offenses, including felon in possession cases.

Aggressive Enforcement in High-Crime Areas

Law enforcement agencies throughout Los Angeles County have prioritized removing firearms from the hands of prohibited persons. According to the Los Angeles Police Department’s 2024 crime statistics[6], LAPD seized 7,634 illegal firearms in 2024, including 790 “ghost guns,” reflecting a coordinated effort across the county to target weapons possession by prohibited individuals.

Pomona residents with prior felony convictions face heightened scrutiny during:

  • Traffic stops and vehicle searches
  • Probation and parole compliance checks
  • Domestic disturbance calls
  • Search warrants executed at residences
  • Gang investigations and sweeps
  • Community policing operations in high-crime neighborhoods

The combination of Pomona’s elevated crime rates and aggressive enforcement means that individuals with felony convictions must exercise extreme caution. Even innocent situations—such as being a passenger in a vehicle where firearms are discovered, living in a home where family members legally own guns, or temporarily handling a weapon during an emergency—can result in immediate arrest and serious felony charges.


Penalties for Felon in Possession of a Firearm in Pomona

A conviction for violating Penal Code 29800 PC carries severe penalties that extend far beyond the immediate criminal sentence. California treats this offense as a straight felony, meaning it cannot be reduced to a misdemeanor regardless of the circumstances.

Standard Sentencing

If convicted of felon in possession of a firearm under PC 29800, you face:

  • Prison Sentence: 16 months, 2 years, or 3 years in California state prison. The specific sentence depends on factors including:
    • Your prior criminal history
    • The circumstances of your arrest
    • Whether the firearm was loaded
    • Whether you possessed multiple firearms
    • The presence of any aggravating or mitigating factors
  • Substantial Fines: Up to $10,000 in criminal fines, plus mandatory court fees, assessments, and restitution
  • Formal Probation: In limited cases involving mitigating circumstances, judges may grant felony probation as an alternative to immediate prison time. However, probation for PC 29800 convictions typically includes strict conditions such as:
    • Regular meetings with a probation officer
    • Warrantless searches of your person, vehicle, and residence
    • Mandatory drug and alcohol testing
    • Community service requirements
    • Firearm-free zone restrictions
    • GPS monitoring
    • Prohibition on associating with known gang members or convicted felons

Sentence Enhancements That Increase Prison Time

California law provides numerous sentence enhancements that can dramatically increase your prison sentence when firearms offenses occur under specific circumstances:

  • California’s Three Strikes Law: If you have a prior “strike” conviction for a serious or violent felony, a PC 29800 conviction counts as your second strike, automatically doubling your prison sentence to 32 months, 4 years, or 6 years. A third strike results in a mandatory sentence of 25 years to life in prison.
  • Gang Enhancement (PC 186.22): If prosecutors prove that your firearm possession was for the benefit of, at the direction of, or in association with a criminal street gang, they can add 2 to 10 additional years to your sentence. Given that Pomona has over 19 active gangs, prosecutors frequently pursue gang enhancements even in cases with tenuous gang connections.
  • Use of a Firearm in Commission of Another Felony (PC 12022.53): Known as California’s “10-20-Life” law, this enhancement applies when firearms are used during the commission of specific felonies:
    • 10 additional years for personally using a firearm
    • 20 additional years for personally discharging a firearm
    • 25 years to life for personally discharging a firearm causing great bodily injury or death
  • Loaded Firearm in Public (PC 25850): If the firearm was loaded when discovered, prosecutors can file additional charges carrying 16 months to 3 years in prison, with sentences running consecutive to your PC 29800 conviction.
  • Carrying a Concealed Firearm (PC 25400): If the weapon was hidden on your person or concealed in your vehicle, prosecutors add another charge with separate penalties.

Collateral Consequences Beyond Prison

A conviction for felon in possession of a firearm triggers numerous collateral consequences that continue affecting your life long after you complete your criminal sentence:

  • Permanent Firearms Ban: PC 29800 convictions result in a lifetime prohibition on firearms ownership, possession, or purchase. While some felons may eventually restore their firearms rights through legal processes like pardons or certificates of rehabilitation, PC 29800 convictions create additional barriers to restoration.
  • Immigration Consequences: Non-citizens convicted of firearms offenses face severe immigration consequences, including mandatory deportation, inadmissibility, and permanent bars to legal status. Firearms convictions are considered “aggravated felonies” under federal immigration law, making relief virtually impossible.
  • Employment Restrictions: Felony convictions appear on background checks, preventing employment in:
    • Government positions requiring security clearances
    • Healthcare professions
    • Education and childcare
    • Financial services
    • Transportation and logistics
    • Any position requiring firearms possession
  • Professional License Revocation: Many professional licensing boards—including those governing attorneys, doctors, nurses, contractors, and real estate agents—consider firearms convictions grounds for license suspension or revocation.
  • Housing Discrimination: Landlords frequently reject rental applications from individuals with felony convictions, particularly those involving weapons offenses. Public housing authorities may deny or terminate housing assistance based on firearms convictions.
  • Loss of Civil Rights: Felony convictions result in loss of voting rights (until completion of sentence and parole), jury service eligibility, and the right to hold public office.
  • Parole and Probation Violations: If you’re currently on probation or parole for another offense, a PC 29800 conviction constitutes a violation that can result in revocation and imposition of previously suspended sentences.

Common Scenarios Leading to PC 29800 Arrests in Pomona

Understanding how these charges typically arise can help you avoid risky situations. Based on our experience defending clients throughout Pomona and Los Angeles County, these are the most common scenarios:

Traffic Stops and Vehicle Searches

Traffic stops represent the most frequent source of PC 29800 arrests. Officers escalate encounters based on suspicious behavior, marijuana/alcohol odors, probation/parole status allowing warrantless searches, outstanding warrants, or gang affiliation indicators. Any firearms discovered result in immediate arrest if the driver or passengers have felony convictions, even if the firearm belongs to someone else.

Probation and Parole Compliance Searches

Individuals on probation or parole face warrantless search conditions allowing officers to search their person, vehicle, and residence without probable cause. Compliance checks often discover firearms belonging to roommates, prior residents, or visitors. Prosecutors pursue charges even when evidence suggests the parolee had no knowledge.

Domestic Violence Calls

Officers responding to domestic disturbances routinely check for firearms. If weapons are discovered, they run criminal history checks on all adults and arrest anyone with disqualifying convictions. Many arrests involve defendants who never touched firearms but lived where family members legally owned guns.

Search Warrants and Task Force Operations

Pomona’s high gang activity results in frequent search warrants targeting suspected gang members. Multi-agency task forces including Pomona Police, LA County Sheriff, California DOJ, and ATF systematically search for firearms and arrest anyone with disqualifying convictions, often resulting in federal charges.

Borrowed Vehicles and Shared Residences

Common scenarios include borrowing vehicles containing hidden firearms, living with roommates who legally own guns, or inheriting property with unknown firearms. Despite lack of knowledge, prosecutors pursue constructive possession charges.


Building Your Defense Against PC 29800 Charges

Felon in possession of a firearm charges are defensible, and numerous legal strategies can result in dismissal, acquittal, or significant charge reduction. At Tu Defensor Criminalista, we aggressively challenge every element of the prosecution’s case, including:

Lack of Knowledge

The prosecution must prove beyond a reasonable doubt that you knew you were in possession of a firearm. If you genuinely had no knowledge of the weapon’s presence, you cannot be convicted under PC 29800. We establish lack of knowledge through:

  • Borrowed Vehicle Defenses: Demonstrating that you had only temporary use of a vehicle and no reason to know firearms were concealed inside. We obtain statements from the vehicle owner confirming they forgot to remove the weapon and never informed you of its presence.
  • Shared Residence Defenses: Proving that firearms belonged to other residents who stored them in their private areas without your knowledge or access. We present testimony from roommates or family members confirming their exclusive ownership and control.
  • Recent Acquisition Defenses: Showing that you recently acquired access to the property or vehicle and had no opportunity to discover concealed firearms.

No Possession – Lack of Access or Control

Prosecutors must prove you had either actual or constructive possession of the firearm. We defeat constructive possession claims by demonstrating:

  • Exclusive Control by Others: The firearm was under the exclusive control of another person who legally possessed it. For example, if police find a weapon in your passenger’s purse or bag, you had no access to or control over that firearm.
  • Lack of Access: The weapon was stored in a locked container, safe, or area to which you had no access. Many Pomona residents live in homes where other family members legally own firearms secured in gun safes. We prove you had no combination, key, or ability to access these secured weapons.
  • Multiple Occupants: When firearms are discovered in common areas of homes or vehicles occupied by multiple people, we create reasonable doubt about who actually possessed the weapon. Prosecutors cannot simply charge everyone present; they must prove your specific possession beyond a reasonable doubt.

Illegal Search and Seizure

The Fourth Amendment protects against unreasonable searches and seizures. If law enforcement discovered the firearm through an illegal search, we file suppression motions to exclude the evidence. Common Fourth Amendment violations include:

  • Warrantless Vehicle Searches: Officers cannot search your vehicle without your consent, probable cause, or an exception to the warrant requirement. We challenge searches based on pretextual traffic stops, illegal detentions, and coerced consent.
  • Defective Search Warrants: Search warrants must be supported by probable cause and describe with particularity the place to be searched. We attack warrants based on stale information, unreliable informants, material omissions, or false statements.
  • Probation Search Violations: While probation searches don’t require warrants, they must still be reasonable and conducted according to the terms of probation. We challenge searches that exceed the scope of probation conditions or that are conducted for harassment rather than compliance verification.
  • Illegal Detention: Officers cannot detain you without reasonable suspicion of criminal activity. If officers lack justification for the initial stop or detention, everything that follows—including the firearm discovery—must be suppressed.

When evidence is suppressed, prosecutors typically cannot proceed with charges because they lack proof of possession.

Prior Conviction Doesn’t Qualify

Not every prior conviction triggers PC 29800 prohibitions. We carefully analyze your criminal history to determine whether your prior conviction legally disqualifies you from firearms possession:

  • Reduced Convictions: If your prior felony was reduced to a misdemeanor under Penal Code 17(b), you are no longer a “convicted felon” under PC 29800. We immediately move to dismiss charges based on the reduction.
  • Dismissed Convictions: Expunged convictions under Penal Code 1203.4 do not restore firearms rights, but convictions that were dismissed or set aside may not qualify as predicate offenses.
  • Out-of-State Convictions: Federal and out-of-state convictions only trigger PC 29800 prohibitions if they meet specific criteria. We research the elements of your out-of-state conviction to determine whether it qualifies as a “felony” under California law.
  • Juvenile Adjudications: Juvenile adjudications don’t qualify as predicate offenses unless the juvenile was certified and tried as an adult in adult court. We obtain juvenile records to establish that you were never certified as an adult.

Certificate of Rehabilitation or Pardon

In limited circumstances, individuals with prior felony convictions can restore their firearms rights through:

  • Certificate of Rehabilitation: A court order declaring that you have been rehabilitated, which acts as an application for a gubernatorial pardon. Certificates of Rehabilitation can restore firearms rights for certain convictions.
  • Governor’s Pardon: A pardon from the California Governor can restore firearms rights and remove PC 29800 prohibitions. However, pardons are rare and require at least 10 years of good behavior after completing your sentence.

If you have obtained a certificate or pardon, we present that documentation to defeat PC 29800 charges.

Momentary or Emergency Possession

California law recognizes limited exceptions for temporary possession of firearms during emergencies. If you briefly possessed a firearm only to prevent immediate harm to yourself or others, we can argue:

  • Self-Defense Exception: You temporarily took control of a firearm during an active threat to prevent harm. For example, if someone threatened you with a gun and you disarmed them, your momentary possession doesn’t violate PC 29800.
  • Emergency Safekeeping: You discovered an unsecured firearm accessible to children and temporarily moved it to prevent injury. Courts recognize that public safety sometimes requires brief possession by prohibited persons.

These defenses require careful presentation of facts demonstrating that your possession was truly momentary and motivated solely by emergency circumstances.


The Pomona Court System and Los Angeles County Prosecution

PC 29800 cases arising in Pomona are prosecuted by the Los Angeles County District Attorney’s Office and heard in the Pomona Courthouse, located in the Superior Court of California, County of Los Angeles – Pomona Branch North.

Understanding How Prosecutors Approach PC 29800 Cases

Los Angeles County prosecutors take an aggressive stance on felon in possession cases, viewing them as critical to reducing gun violence throughout the county. Prosecutors typically:

  • File Maximum Charges: Rather than charging only PC 29800, prosecutors add every possible related offense, including loaded firearm charges, concealed weapon charges, and any applicable enhancements.
  • Seek Prison Sentences: Prosecutors routinely oppose probation in PC 29800 cases, arguing that individuals with felony convictions who possess firearms pose unacceptable risks to public safety.
  • Pursue Gang Enhancements: In Pomona cases, prosecutors aggressively pursue gang enhancements based on minimal evidence, including tattoos, neighborhood residence, or association with known gang members.
  • Resist Plea Bargains: While some PC 29800 cases resolve through negotiated pleas, prosecutors take hard lines in cases involving:
    • Loaded firearms
    • Multiple firearms
    • Firearms discovered during commission of other crimes
    • Prior violent felony convictions
    • Gang allegations

Why You Need Experienced Local Counsel

Successfully defending PC 29800 charges in Pomona requires attorneys who understand:

  • Local Court Culture: Different courthouses and judges handle cases differently. Attorneys familiar with the Pomona courthouse know which arguments resonate with specific judges and which strategies yield the best results.
  • Prosecutorial Priorities: Understanding Los Angeles County District Attorney policies and individual prosecutor tendencies allows us to identify negotiation opportunities and weak points in their cases.
  • Law Enforcement Practices: We know how Pomona Police Department, Los Angeles County Sheriff’s Department, and multi-agency task forces conduct investigations. This knowledge helps us identify Fourth Amendment violations and discovery issues.
  • Alternative Sentencing Options: Experienced local counsel know which judges grant probation in appropriate cases and how to present mitigating factors most effectively.

Collateral Consequences of PC 29800 Convictions for Pomona Residents

Beyond criminal penalties, PC 29800 convictions create lasting obstacles affecting nearly every aspect of life in Pomona and Los Angeles County.

Employment Challenges

With major employers including Pomona Valley Hospital Medical Center (3,230 employees) and Pomona Unified School District (3,034 employees), firearms convictions create significant barriers. Felony convictions appear on background checks, resulting in disqualification from healthcare, education, government, transportation, security, and financial services positions. Professional licensing boards consider firearms convictions grounds for license suspension or revocation.

Housing Difficulties

With a median home value of $614,600[7], many Pomona residents rely on rental housing. Property management companies and private landlords routinely reject applicants with felony convictions. The Housing Authority of Los Angeles County can deny or terminate housing assistance based on firearms convictions, including Section 8 vouchers and public housing units.

Immigration Impact

Los Angeles County’s large immigrant communities face severe consequences from firearms convictions. PC 29800 convictions constitute “aggravated felonies” under federal immigration law, making non-citizens deportable regardless of residency length or U.S. citizen family members. Firearms offenses offer virtually no immigration relief, and ICE maintains active operations throughout the county, including Pomona.

Family Law Implications

Family courts consider firearms convictions when determining custody and visitation. Judges frequently restrict or deny custody to parents with weapons convictions and may require supervised visitation.


Related Firearms Offenses Commonly Charged with PC 29800

Prosecutors rarely charge PC 29800 in isolation. Understanding related offenses helps you comprehend the full scope of potential charges and penalties:

Carrying a Loaded Firearm in Public (PC 25850)

California Penal Code Section 25850 prohibits carrying a loaded firearm in public places or vehicles. This offense is charged as either a felony or misdemeanor (“wobbler”) depending on circumstances, but becomes a straight felony when the defendant has prior felony convictions.

Penalties include:

  • Misdemeanor: Up to 1 year in county jail
  • Felony: 16 months, 2 years, or 3 years in state prison

PC 25850 charges typically run consecutive to PC 29800 sentences, substantially increasing total prison time.

Carrying a Concealed Firearm (PC 25400)

Penal Code 25400 criminalizes carrying a concealed firearm on one’s person or in a vehicle. Like PC 25850, this is a “wobbler” offense that becomes a felony for individuals with prior felony convictions.

Penalties include:

  • Misdemeanor: Up to 1 year in county jail
  • Felony: 16 months, 2 years, or 3 years in state prison

Possession of Ammunition by a Prohibited Person (PC 30305)

California law prohibits felons from possessing ammunition as well as firearms. Penal Code Section 30305 makes it a separate offense to possess ammunition while prohibited from firearms possession.

Penalties include:

  • Misdemeanor: Up to 1 year in county jail
  • Felony: 16 months, 2 years, or 3 years in state prison

Prosecutors frequently add PC 30305 charges whenever they find ammunition in addition to firearms, increasing exposure and providing additional bargaining leverage.

Possession of a Firearm by a Violent Felon (PC 29900)

Penal Code Section 29900 specifically targets individuals convicted of violent felonies, imposing harsher penalties than standard PC 29800 violations. Violent felonies include murder, robbery, assault with a deadly weapon, rape, and other serious crimes.

PC 29900 convictions carry:

  • Mandatory 2, 3, or 4 years in state prison (longer than PC 29800)
  • Count as “strikes” under California’s Three Strikes Law
  • No probation eligibility in most cases

Federal Firearms Charges

In addition to state charges, individuals arrested for felon in possession of firearms in Pomona may face federal prosecution under 18 U.S.C. § 922(g), which prohibits convicted felons from possessing firearms or ammunition. Federal charges typically result in substantially longer sentences:

  • Federal Sentencing:
    • Up to 10 years in federal prison for standard violations
    • Up to 15 years for defendants with three or more prior violent felony or serious drug offense convictions
    • Mandatory minimum sentences in cases involving specific prior convictions
  • Federal Investigations: ATF agents actively investigate firearms violations throughout Los Angeles County, often participating in task force operations with local law enforcement. Cases involving:
    • Multiple firearms
    • Trafficking activity
    • Gang connections
    • Prior violent felony convictions
    • Out-of-state firearms purchases

frequently result in federal prosecution with dramatically increased sentences.


Why Choose Tu Defensor Criminalista for Your Pomona PC 29800 Case

When you’re facing felon in possession of a firearm charges in Pomona, you need a criminal defense team with the experience, resources, and commitment to fight for your freedom. At Tu Defensor Criminalista, we bring:

Extensive Experience with Firearms Offenses in Los Angeles County

Our attorneys have successfully defended hundreds of firearms cases throughout Los Angeles County, including numerous PC 29800 cases in Pomona. We understand:

  • How prosecutors build felon in possession cases
  • Common weaknesses in law enforcement investigations
  • Effective suppression motion strategies
  • Negotiation leverage points
  • Trial strategies that win acquittals

This experience allows us to identify defenses and opportunities that less experienced attorneys miss.

Deep Knowledge of Pomona’s Criminal Justice System

We have established relationships throughout the Pomona courthouse and Los Angeles County District Attorney’s Office. This local knowledge provides critical advantages:

  • Judicial Preferences: Understanding how individual judges rule on motions, handle trials, and impose sentences allows us to tailor strategies for maximum effectiveness.
  • Prosecutorial Tendencies: Knowing which prosecutors handle firearms cases and their negotiation patterns helps us identify the best resolution strategies for your specific case.
  • Law Enforcement Practices: Our familiarity with Pomona Police Department, Los Angeles County Sheriff’s Department, and multi-agency task force operations helps us spot illegal search and seizure issues that other attorneys overlook.

Aggressive Investigation and Case Preparation

We don’t simply accept the prosecution’s version of events. Our team conducts thorough independent investigations including:

  • Crime Scene Analysis: We visit the location where firearms were discovered to identify inconsistencies in police reports and develop suppression arguments.
  • Witness Interviews: We locate and interview witnesses who can provide alternative explanations for the firearms’ presence or contradict prosecution theories.
  • Expert Consultation: We retain firearms experts, forensic specialists, and other professionals who can challenge the prosecution’s evidence or provide alternative interpretations.
  • Discovery Review: We meticulously analyze police reports, body camera footage, audio recordings, forensic evidence, and all other discovery materials searching for weaknesses in the prosecution’s case.

Proven Track Record of Results

Our firm has achieved outstanding results in PC 29800 and related firearms cases, including:

  • Complete dismissals based on successful suppression motions
  • Acquittals at trial
  • Charge reductions from felonies to misdemeanors
  • Probation sentences instead of prison time
  • Reduced charges through negotiated plea agreements
  • Immigration-safe dispositions protecting non-citizen clients from deportation

Every case is unique, and past results don’t guarantee future outcomes. However, our track record demonstrates our commitment to achieving the best possible results for every client.

Personalized Attention to Your Case

At Tu Defensor Criminalista, you’re not just another case number. We provide:

  • Direct Attorney Access: You work directly with an experienced criminal defense attorney, not paralegals or support staff. Your attorney knows your case intimately and remains available to answer questions and address concerns.
  • Bilingual Services: Our team provides full legal services in English and Spanish, ensuring clear communication regardless of your language preference. We understand the importance of explaining complex legal concepts in your preferred language.
  • Regular Updates: We keep you informed throughout every stage of your case, from arraignment through final resolution. You receive copies of all court documents and understand exactly what’s happening at each step.
  • Compassionate Representation: We understand the stress and fear you’re experiencing. Our team treats you with dignity and respect, working to minimize the anxiety that comes with criminal charges.

Comprehensive Defense Services

Our representation extends beyond the criminal case itself. We address all aspects of your situation:

  • Immigration Consequences: For non-citizen clients, we coordinate with immigration attorneys to develop strategies that minimize immigration consequences and explore immigration-safe dispositions.
  • Probation and Parole Issues: If your arrest violates probation or parole, we defend against revocation proceedings in addition to your new charges.
  • Collateral Consequences: We advise you about employment, housing, professional licensing, and other collateral consequences, helping you make informed decisions about plea offers and trial strategies.
  • Post-Conviction Relief: If you’re convicted, we pursue every available avenue for relief, including appeals, motions for reconsideration, sentence modifications, and expungement.

Frequently Asked Questions – Felon in Possession of a Firearms

Can I be charged with PC 29800 if the firearm belonged to someone else?

Yes. California’s constructive possession doctrine allows prosecutors to charge you even if the firearm wasn’t physically yours. If you had knowledge of the firearm’s presence and access to or control over it, prosecutors could pursue PC 29800 charges. However, an experienced attorney can challenge constructive possession theories by demonstrating lack of knowledge, lack of access, or exclusive control by another person.

What if I didn’t know the firearm was in my vehicle?

Lack of knowledge is a complete defense to PC 29800 charges. The prosecution must prove beyond a reasonable doubt that you knew the firearm was present. If someone placed a gun in your vehicle without your knowledge, or if you borrowed a vehicle containing a hidden firearm, you should not be convicted. However, prosecutors often claim knowledge can be inferred from circumstances, so it’s critical to have an attorney who can effectively present your lack of knowledge defense.

Will I definitely go to prison if convicted of PC 29800?

Not necessarily. While PC 29800 carries a prison sentence of 16 months to 3 years, judges have discretion to grant felony probation in appropriate cases. Factors that support probation include:

• No prior violent felony convictions
• Minimal criminal history
• Unloaded firearm
• No connection to other criminal activity
• Strong family and community ties
• Employment or educational pursuits
• Cooperation with law enforcement

An experienced attorney can present these mitigating factors persuasively to maximize your chances of probation instead of prison.

Can my prior felony conviction be used if it was expunged?

California law distinguishes between expungement and dismissal. Under Penal Code 1203.4, most convicted defendants who successfully complete probation can petition for dismissal of their conviction. However, PC 1203.4 dismissals do not restore firearms rights and still count as predicate felonies under PC 29800. Only certain types of conviction reductions (such as reducing a felony to a misdemeanor under PC 17(b)) or pardons restore firearms rights.

What happens if I’m convicted of PC 29800 and I’m not a U.S. citizen?

Firearms convictions have severe immigration consequences. PC 29800 convictions constitute “aggravated felonies” under federal immigration law, making you deportable and inadmissible. You will likely face removal proceedings after completing your criminal sentence, with little opportunity for relief. Immigration judges have virtually no discretion to grant cancellation of removal or other forms of relief to individuals convicted of firearms offenses. If you’re not a U.S. citizen, it’s absolutely critical that you retain an attorney who understands immigration consequences and can pursue immigration-safe alternatives.

Can I get my gun rights back after a PC 29800 conviction?

Restoring firearms rights after a PC 29800 conviction is extremely difficult but not impossible. Potential avenues include:

Governor’s Pardon: A full pardon from the California Governor restores firearms rights, but pardons are rare and require at least 10 years of rehabilitation after completing your sentence.
Certificate of Rehabilitation: This is an intermediate step toward a pardon that can restore some rights, though firearms rights restoration varies by conviction type.
Federal Relief: In limited circumstances, relief from federal firearms prohibitions may be available through the Bureau of Alcohol, Tobacco, Firearms and Explosives.

However, these processes are complex and require years of good behavior before even applying. An attorney can evaluate your specific situation and advise whether restoration is possible.

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

Both California (PC 29800) and federal law (18 U.S.C. § 922(g)) prohibit convicted felons from possessing firearms. The key differences are:

Jurisdiction: State charges are prosecuted by the Los Angeles County District Attorney’s Office in California state courts. Federal charges are prosecuted by the United States Attorney’s Office in federal district court.
Sentencing: Federal sentences are typically longer, with maximum sentences of 10-15 years compared to California’s 16 months to 3 years.
Parole: Federal defendants serve at least 85% of their sentences with limited good time credit. California defendants may be released earlier through various programs.
Enhancements: California law provides numerous sentence enhancements (gang allegations, Three Strikes, etc.) that can dramatically increase sentences. Federal law includes the Armed Career Criminal Act, which mandates 15-year minimum sentences for defendants with three or more prior violent felony or serious drug offense convictions.

Prosecutors decide whether to bring state or federal charges based on factors including the severity of your criminal history, the circumstances of the offense, and available resources.

What should I do if I’m stopped by police and I think there’s a gun in the car?

If you’re prohibited from possessing firearms and suspect a firearm may be in a vehicle you’re driving or riding in:

Do Not Consent to a Search: Politely decline if officers ask for permission to search. Say “I do not consent to a search.”
Do Not Make Statements: Exercise your right to remain silent. Do not admit knowledge of any firearm or make explanatory statements. Say “I want to speak with an attorney” and then remain silent.
Do Not Make Furtive Movements: Keep your hands visible and follow all officer commands. Do not reach for the firearm or make suspicious movements.
Contact an Attorney Immediately: As soon as you’re able, contact a criminal defense attorney who can advise you of your rights and begin building your defense.

Remember, anything you say can and will be used against you. The safest approach is to remain silent and retain experienced counsel immediately.

How long will a PC 29800 case take to resolve?

Case timelines vary significantly based on factors including:

Complexity: Cases involving constitutional issues, multiple defendants, or extensive evidence take longer to resolve.
Motions: Suppression motions and other pretrial motions can extend timelines by several months.
Negotiation: Plea negotiations may extend over multiple court dates as your attorney seeks the best possible resolution.
Trial: Taking a case to trial typically adds 6-12 months to the process.
Court Congestion: The Pomona courthouse and Los Angeles County court system experience significant case backlogs, which can delay proceedings.

Generally, PC 29800 cases resolve within 6-12 months, though complex cases may take longer. Your attorney can provide more specific timelines based on your case’s unique circumstances.

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

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California Legislative Information. “Penal Code Section 29800.” Available at: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=29800&lawCode=PEN City of Pomona. “City of Pomona Gun Violence Data.” Office of Violence Prevention and Neighborhood Well-Being. Available at: https://www.pomonaca.gov/government/city-manager/office-of-violence-prevention-and-neighborhood-well-being-ovp/resources-and-crime-data/city-of-pomona-gun-violence-data U.S.


Census Bureau. “QuickFacts: Pomona city, California.” Available at: https://www.census.gov/quickfacts/fact/table/pomonacitycalifornia/PST045224 NeighborhoodScout. “Pomona, CA Crime Rates and Statistics.” Available at: https://www.neighborhoodscout.com/ca/pomona/crime Nextdoor. “Pomona, CA crime rates and safety statistics.” Available at: https://nextdoor.com/resources/crime-and-safety/pomona–ca/ Mayor of Los Angeles. “LAPD Releases 2024 End of Year Crime Statistics for the City of Los Angeles.” Available at: https://mayor.lacity.gov/news/lapd-releases-2024-end-year-crime-statistics-city-los-angeles Wikipedia. “Pomona, California.” Available at: https://en.wikipedia.org/wiki/Pomona,_California City-Data.com. “Pomona, California (CA) profile: population, maps, real estate, averages, homes, statistics, relocation, travel, jobs, hospitals, schools, crime, moving, houses, news.” Available at: https://www.city-data.com/city/Pomona-California.html AreaVibes. “Pomona, CA Crime Rates: Stats & Map.” Available at: https://www.areavibes.com/pomona-ca/crime/ CrimeGrade. “The Safest and Most Dangerous Places in Pomona, CA: Crime Maps and Statistics.” Available at: https://crimegrade.org/safest-places-in-pomona-ca/ FindLaw. “California Code, Penal Code – PEN § 29800.” Available at: https://codes.findlaw.com/ca/penal-code/pen-sect-29800/ apply here


Sources

  1. California Penal Code Section 29800 (leginfo.legislature.ca.gov)
  2. 151,713 residents (census.gov)
  3. City of Pomona Office of Violence Prevention (pomonaca.gov)
  4. Pomona’s overall crime rate of 42.64 per 1,000 residents exceeds the national average of 33.37 (nextdoor.com)
  5. NeighborhoodScout’s analysis (neighborhoodscout.com)
  6. Los Angeles Police Department’s 2024 crime statistics (mayor.lacity.gov)
  7. median home value of $614,600 (city-data.com)
  8. California Department of Justice Gun Violence Data and Research (oag.ca.gov)
  9. Los Angeles County Public Health Firearm Violence Data (ph.lacounty.gov)
  10. AreaVibes Crime Rates and Map (areavibes.com)
  11. Los Angeles Almanac Gun Homicides Data (laalmanac.com)
  12. Get Safe and Sound Crime Statistics and Trends (getsafeandsound.com)
  13. Center for American Progress Gun Homicide Research (americanprogress.org)
  14. Crosstown LA Crime Report (xtown.la)
  15. Wikipedia – Pomona, California (en.wikipedia.org)
  16. CrimeGrade Crime Maps and Statistics (crimegrade.org)
  17. FindLaw – California Penal Code Section 29800 (codes.findlaw.com)

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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.

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