If you or a loved one has been arrested or charged with a gun crime in El Monte, California, you are facing some of the most serious criminal charges in the state—charges that threaten not only your freedom but also your Second Amendment rights, your ability to own firearms in the future, your employment, your immigration status, and your reputation. California has some of the strictest gun laws in the nation, and gun crimes carry severe penalties including years in state prison, massive fines, mandatory sentencing enhancements, permanent loss of firearm rights, and felony convictions that can destroy your life.
At Tu Defensor Criminalista, we understand that gun crime charges often involve law-abiding citizens who were unaware of California’s complex firearms regulations, were exercising their right to self-defense, were falsely accused, or had no criminal intent. Whether you’re charged with being a felon in possession of a firearm, carrying a concealed weapon, assault with a deadly weapon, possession of an illegal firearm, gun enhancements on other charges, or any other firearms offense, our experienced criminal defense team is here to provide aggressive representation to protect your constitutional rights and fight for your freedom.
El Monte, with a population of approximately 104,639 residents according to the U.S. Census Bureau[1], is a diverse community in Los Angeles County that has experienced its share of gun-related violence. According to City-Data crime statistics[2], El Monte experiences approximately 432 violent crimes annually, with a violent crime rate of 423 per 100,000 residents—many of which involve firearms. Recent SpotCrime data[3] shows 1 shooting incident in the most recent month tracked, along with 20 robberies (many firearm-related) and 6 arrests.
According to the California Department of Justice 2024 Crime Report[4], California’s violent crime rate decreased by 6% in 2024, with the homicide rate dropping 10.4%. However, gun crimes remain aggressively prosecuted throughout Los Angeles County. According to the Los Angeles County Public Health Department[5], in 2020, 818 LA County residents died from firearm injuries and 2,239 were hospitalized—approximately 8 firearm deaths and injuries per day.
With so much at stake—your freedom, your gun rights, your future—you need an attorney who understands California’s gun laws, federal firearms regulations, sentencing enhancements, and how to build powerful defenses to gun crime charges. At Tu Defensor Criminalista, we provide bilingual (English and Spanish) criminal defense representation throughout El Monte and all of Los Angeles County.
Contact us today for a free, confidential consultation. We are available 24/7 to answer your questions and begin protecting your rights.
California has enacted some of the nation’s strictest firearms laws. Common gun crimes include:
Definition: It is illegal for anyone convicted of a felony to own, possess, purchase, or receive a firearm.
Who Is Prohibited:
Penalties:
Felony:
Immigration Consequences:
(See full section in Concealed Weapons page)
Basic Penalties:
Definition: Carrying a loaded firearm in public place or vehicle.
Penalties:
Definition: Possessing firearms classified as “assault weapons” under California law.
Penalties:
Wobbler:
Important: California’s assault weapon definition is broad and includes many semi-automatic rifles with certain features.
Definition: Possessing ammunition feeding devices capable of holding more than 10 rounds.
Penalties:
Definition: Possessing firearm suppressor or silencer.
Penalties:
Definition: Assaulting another person with a firearm.
Penalties:
Felony:
California law provides mandatory additional prison time when firearms are used in crimes:
Penal Code Section 12022.5 – Use of Firearm:
Penal Code Section 12022.53 – “10-20-Life” Law: For serious violent felonies (murder, attempted murder, robbery, carjacking):
These enhancements are CONSECUTIVE (added on top of base sentence)
Includes:
Penalties:
California law now requires:
Penalties for violations:
According to the California Attorney General 2024 Crime Statistics[4]:
According to USAFacts gun death data[6]:
According to the California Crime Gun Report 2024[7]:
According to LA County Public Health firearm data[5]:
According to LA Almanac gun homicide data[8]:
Los Angeles County leads California in crime guns recovered: 140,799
According to El Monte crime statistics[9]:
According to SpotCrime El Monte trends[3]:
Scenario:
Defense Issues:
Scenario:
Defense Issues:
Scenario:
Defense Issues:
Scenario:
Defense Issues:
Scenario:
Defense Issues:
Scenario:
Defense Issues:
Scenario:
Defense Issues:
At Tu Defensor Criminalista, we employ aggressive strategies:
Illegal Search and Seizure:
If firearm discovered illegally, evidence suppressed—often resulting in dismissal.
“Constructive Possession” Challenges:
Prosecution must prove you knew of firearm and had control.
For PC 29800 (felon in possession):
Second Amendment:
Due Process/Equal Protection:
For assault/homicide charges involving firearms:
Good Faith Defenses:
Mitigating factor for sentencing negotiations.
Under SB 620 (effective 2018), judges have discretion to strike gun enhancements “in the interest of justice.”
Arguments for Striking:
Favorable Outcomes:
Many gun crimes count as “strikes”:
Hablamos Español. Critical for El Monte where 82% speak languages other than English:
Unfortunately, yes. Most gun crimes don’t require knowledge that the firearm or conduct was illegal—only that you knew you possessed the firearm or engaged in the conduct. However, lack of knowledge can be a mitigating factor in negotiations and may support certain defenses like mistake of law or good faith.
If the firearm belonged to someone else and you didn’t know about it or have control over it, you may have a strong defense. Prosecution must prove “constructive possession”—that you knew of the firearm and had the ability to control it. We investigate thoroughly to show the gun belonged to a passenger, previous owner of vehicle, or someone else with access.
Possibly, but it’s complicated. Options include: (1) reducing a wobbler felony to misdemeanor via Penal Code § 17(b), then waiting 10 years; (2) obtaining a governor’s pardon; (3) obtaining a federal restoration of rights (currently no process available). Even if California restores rights, federal law may still prohibit possession. We can evaluate your specific situation and advise on restoration options.
Self-defense is a complete legal justification. If you reasonably believed you were in imminent danger of death or great bodily injury and used only necessary force to defend yourself, you should not be convicted—even if you used an otherwise illegal firearm. We thoroughly investigate and present self-defense claims with supporting evidence.
Not necessarily. While many gun crimes carry prison sentences, factors like first-time offender status, lack of violence, strong mitigating circumstances, and skilled legal representation can result in probation, reduced charges, or alternative sentencing. We fight aggressively to keep you out of prison.
Gun enhancements (PC 12022.5, 12022.53) add mandatory consecutive years to prison sentences when firearms are used in crimes. Under SB 620, judges now have discretion to strike enhancements “in the interest of justice.” We present compelling arguments for striking enhancements based on your circumstances, role in offense, and potential for rehabilitation.
No. Police need probable cause to search your vehicle. Mere suspicion isn’t enough. If they searched illegally, any firearm discovered must be suppressed as evidence, often resulting in case dismissal. We scrutinize every search to identify Fourth Amendment violations.
California does NOT recognize out-of-state CCW permits. Even with a valid permit from another state, carrying concealed in California without a California permit is illegal. However, this can be a strong mitigating factor showing you’re a law-abiding gun owner who made an honest mistake about reciprocity.
California has strict transportation requirements: firearm must be unloaded, in a locked container (not glove box or console), with ammunition stored separately. Many lawful gun owners are arrested for improper transportation. We present evidence of your lawful purpose and argue for dismissal or reduced charges.
Convicted felons must surrender all firearms and ammunition. The court will order you to sell or transfer them to a licensed dealer or law enforcement within a specified time. Failure to comply is a separate crime. Additionally, you’re prohibited from living in a home with firearms.
Yes. Many firearms offenses are considered “aggravated felonies” under immigration law, resulting in mandatory deportation with no relief available. Even misdemeanor gun crimes can affect immigration status. If you’re not a U.S. citizen, it’s CRITICAL to have an attorney who understands both criminal and immigration consequences. We coordinate with immigration attorneys and fight for non-deportable outcomes.
If police interrogated you in custody without reading Miranda rights, any statements you made may be suppressed. However, physical evidence (the firearm itself) won’t be suppressed based solely on Miranda violations—only statements. We analyze whether Miranda applied and file motions to exclude any illegally obtained statements.
California bans many firearms classified as “assault weapons”—generally semi-automatic rifles with certain features (pistol grips, folding stocks, flash suppressors, etc.). The definition is complex and often disputed. Some firearms that look like assault weapons aren’t, while others that don’t look like them are. We analyze whether your firearm actually meets the legal definition.
“Ghost guns” are unserialized firearms, often assembled from parts kits or 3D-printed. California now requires all firearms to have serial numbers and regulates firearm parts sales. Manufacturing or possessing ghost guns can result in felony charges. However, enforcement is complex and defenses exist regarding what constitutes a “firearm” under the law.
Possibly. For some gun crimes, especially first offenses or cases without violence, probation is possible—though often difficult to obtain. Factors include: criminal history, circumstances of offense, whether anyone was harmed, your ties to community, and quality of legal representation. We present comprehensive mitigation to maximize chances of probation.
Drug crimes with firearm enhancements are prosecuted aggressively. Even if the gun was unrelated to drug activity (kept for home protection), prosecution will argue it facilitated drug dealing. This adds mandatory prison time. We challenge the connection between firearm and drug activity and negotiate to drop enhancements.
Felony gun crime convictions remain on your record permanently unless expunged. Expungement (PC 1203.4) after completing probation changes the record to show “dismissed” but doesn’t erase it or restore gun rights. The conviction still counts for future offenses and sentencing enhancements.
Federal gun charges (prosecuted by U.S. Attorney) typically involve: interstate trafficking, prohibited persons possessing firearms, using guns in federal drug/violent crimes, or lying on ATF forms. Federal sentences are often harsher with mandatory minimums and no parole. We handle both state and federal gun cases.
1. Remain silent – Don’t explain or justify anything to police
2. Request attorney immediately – Say “I want my lawyer”
3. Don’t consent to searches of home, vehicle, or phone
4. Don’t discuss case with cellmates (often informants)
5. Contact Tu Defensor Criminalista: (888) 315-3326 – The sooner we’re involved, the better your outcome
Fees vary based on case complexity, charges, and whether it goes to trial. We offer free consultations, transparent fee structures, and payment plans. The cost of NOT having experienced representation—years in prison, deportation, permanent loss of rights—is far greater than attorney fees.
In many cases, yes. Through illegal search challenges, lack of evidence, constitutional violations, proof of legal ownership/transportation, or prosecutorial discretion, we’ve achieved numerous dismissals. Even when dismissal isn’t possible, we often negotiate significant charge reductions. Every case is unique, but we fight aggressively for the best possible outcome.
Gun crime charges demand immediate legal intervention.
Your Freedom and Gun Rights Are at Stake
Your freedom and driving privileges are worth fighting for. Call now—we’re available 24/7 to defend your rights.
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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