When you’re facing gun crimes charges in Pomona, California, the consequences extend far beyond potential jail time. A conviction for firearms offenses can result in lengthy prison sentences, loss of your Second Amendment rights, immigration consequences, and a permanent criminal record that impacts every aspect of your future. At Tu Defensor Criminalista, we provide aggressive, knowledgeable defense representation for individuals accused of gun crimes in Pomona and throughout Los Angeles County.
Pomona, home to approximately 151,713 residents in eastern Los Angeles County, is a diverse city where gun crimes are taken very seriously by law enforcement and prosecutors. According to the Bureau of Alcohol, Tobacco, Firearms and Explosives[1], federal and state authorities work together to prosecute thousands of firearms offenses annually in California. Whether you’re charged with illegal possession, carrying a concealed weapon, felon with a firearm, gun trafficking, or assault with a firearm, you need an experienced Pomona gun crimes defense attorney who understands both California and federal firearms laws and knows how to protect your rights.
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Understanding California’s Complex Gun Laws
California has some of the strictest and most complicated gun laws in the nation. The state’s firearms regulations cover everything from who can own guns to how they must be stored, transported, and used. These laws change frequently through new legislation and court decisions, making it essential to work with an attorney who stays current on all developments.
Key California Gun Control Statutes
California’s primary firearms laws include:
Penal Code Section 25400 – Carrying a Concealed Firearm: It is illegal to carry a concealed firearm on your person or in a vehicle without a valid CCW (Carry Concealed Weapon) permit. This applies to both loaded and unloaded firearms and can be charged as either a misdemeanor or felony depending on circumstances.
Penal Code Section 25850 – Carrying a Loaded Firearm in Public: California prohibits carrying loaded firearms in public places, incorporated cities, or prohibited areas. This charge applies regardless of whether the weapon is concealed, with enhanced penalties for loaded weapons in vehicles.
Penal Code Section 29800 – Felon in Possession of a Firearm: California law prohibits anyone convicted of a felony from owning, purchasing, receiving, or having custody or control of any firearm. This is one of the most commonly prosecuted gun crimes and carries mandatory minimum sentences.
Penal Code Section 30605 – Possession of Assault Weapons: California bans possession of certain firearms classified as “assault weapons” under the state’s complex definition. Possessing an unregistered assault weapon is a felony with significant penalties.
Penal Code Section 33215 – Possession of Silencers: Manufacturing, possessing, selling, or transporting firearm silencers or suppressors is illegal in California and constitutes a felony offense.
Penal Code Section 32310 – Large Capacity Magazines: California restricts possession of ammunition feeding devices capable of holding more than 10 rounds, though this law has faced ongoing constitutional challenges.
Penal Code Section 246 – Shooting at Inhabited Dwellings: Discharging a firearm at an inhabited house, occupied building, or occupied vehicle is a serious felony carrying three to seven years in state prison.
Penal Code Section 417 – Brandishing a Weapon: Displaying a firearm in a rude, angry, or threatening manner in the presence of another person is illegal, even if you have a legal right to possess the weapon.
Federal Firearms Laws
In addition to California laws, federal statutes criminalize various gun-related conduct:
18 U.S.C. § 922(g) – Prohibited Persons: Federal law prohibits firearm possession by felons, domestic violence offenders, illegal drug users, persons adjudicated mentally defective, illegal aliens, dishonorably discharged military personnel, and other categories.
18 U.S.C. § 922(k) – Obliterated Serial Numbers: Possessing firearms with removed, obliterated, or altered serial numbers is a federal felony.
18 U.S.C. § 924(c) – Using Firearms in Crime of Violence or Drug Trafficking: Using or carrying a firearm during a violent crime or drug trafficking offense triggers mandatory minimum federal sentences ranging from five years to life.
18 U.S.C. § 922(a)(6) – False Statements: Making false statements when purchasing firearms, known as “straw purchases,” constitutes a federal felony.
The Federal Bureau of Investigation[2] maintains the National Instant Criminal Background Check System (NICS) used for firearm purchases, and violations of federal gun laws often result in prosecution in federal court with harsher penalties than state charges.
Common Gun Crimes We Defend in Pomona
Our criminal defense practice handles the full spectrum of firearms offenses in Pomona Superior Court, Los Angeles County courts, and federal court. The most frequently prosecuted gun crimes include:
Illegal Possession of Firearms
Illegal possession charges arise when individuals possess firearms without legal authorization. Common scenarios include:
Convicted Felons with Firearms (PC 29800): If you have any prior felony conviction—whether for violent crimes, drug offenses, property crimes, or white-collar offenses—California law prohibits you from owning or possessing firearms. According to the Bureau of Justice Statistics[3], felon-in-possession cases represent a significant portion of federal firearms prosecutions. These charges are “straight felonies” punishable by 16 months, two years, or three years in state prison.
Persons with Domestic Violence Convictions: Federal law under 18 U.S.C. § 922(g)(9) imposes a lifetime ban on firearm possession for anyone convicted of a misdemeanor domestic violence offense. California law also prohibits firearm possession by persons subject to domestic violence restraining orders.
Mentally Ill Persons: California Welfare and Institutions Code Section 8103 prohibits firearm possession by individuals who have been involuntarily committed to mental health facilities, found mentally incompetent to stand trial, or found not guilty by reason of insanity.
Minors in Possession: California generally prohibits minors under 18 from possessing handguns, with limited exceptions for supervised activities like hunting or target shooting under adult supervision.
Carrying Concealed Weapons Without a Permit
Carrying concealed firearms without a valid CCW permit is one of the most common gun crimes in Pomona. These charges frequently arise from:
Traffic stops where police discover firearms during vehicle searches
DUI checkpoints resulting in vehicle searches
Probation or parole searches
Searches incident to arrest for other offenses
Reports of suspicious behavior leading to investigations
The distinction between misdemeanor and felony charges depends on factors including your criminal history, whether the weapon was loaded, the location where you were carrying, and whether you fall into prohibited categories like convicted felons or persons with active restraining orders.
Carrying Loaded Firearms in Public
Separate from concealed carry laws, California prohibits carrying loaded firearms in public or in vehicles in incorporated cities like Pomona. These charges apply whether the weapon is concealed or visible. Penalties increase when:
The firearm is loaded and readily accessible
The violation occurs in prohibited areas like schools, government buildings, or parks
The defendant has prior firearm convictions
Gang allegations are added
Assault with a Firearm
Assault with a firearm (PC 245(a)(2)) is a serious felony involving using a firearm to commit assault. The prosecution must prove you willfully committed an act with a firearm that would directly and probably result in the application of force. These charges often arise from:
Domestic violence incidents involving firearms
Altercations where guns are displayed or pointed at others
Drive-by shootings or gang-related violence
Road rage incidents involving firearms
Bar fights or disputes escalating to gun use
Convictions carry two, three, or four years in state prison, with enhancements for personally using or discharging the firearm.
Possession of Unregistered or Illegal Weapons
California requires registration of certain firearms and bans others entirely. Common charges include:
Assault Weapons Violations: California’s assault weapons ban covers specific firearm models and firearms with certain features like detachable magazines combined with pistol grips, folding stocks, or flash suppressors. Possessing unregistered assault weapons results in felony charges.
Short-Barreled Rifles and Shotguns: Federal and California law prohibit rifles with barrels less than 16 inches and shotguns with barrels less than 18 inches without proper federal registration.
Machine Guns and Automatic Weapons: Possessing fully automatic firearms without proper federal licensing is illegal under both state and federal law.
Unregistered Handguns: California requires new residents to register handguns brought into the state, and purchases must go through licensed dealers who conduct background checks and maintain records.
Gun Trafficking and Straw Purchases
Selling, transferring, or purchasing firearms illegally constitutes serious state and federal offenses:
Straw Purchases: Buying firearms on behalf of prohibited persons who cannot legally purchase them violates federal law. Even if you’re legally allowed to own firearms, purchasing them for someone else who cannot is a federal felony.
Unlicensed Dealing: Engaging in the business of selling firearms without a federal firearms license violates federal law and can result in significant prison time.
Interstate Trafficking: Transporting firearms across state lines for illegal purposes, particularly to jurisdictions with stricter gun laws, triggers federal prosecution.
Discharge of Firearms Offenses
Illegally firing weapons results in serious criminal charges:
Shooting at Inhabited Dwellings (PC 246): Firing at occupied houses, buildings, or vehicles is a felony with a base sentence of three to seven years, often enhanced by gang allegations or great bodily injury.
Discharge with Gross Negligence (PC 246.3): Willfully discharging firearms in a grossly negligent manner that could result in injury or death is a “wobbler” offense charged as either a misdemeanor or felony.
Warning Shots: Even firing warning shots can result in criminal charges, particularly in urban areas like Pomona where stray bullets endanger residents.
Brandishing Weapons
Drawing or displaying firearms in threatening ways violates PC 417, even when you don’t actually use the weapon. These charges arise from:
Domestic disputes where weapons are displayed
Road rage incidents
Arguments in public places
Self-defense situations where prosecutors question whether displaying the weapon was justified
Penalties range from 30 days to one year in county jail for misdemeanors, with felony charges possible when brandishing occurs in certain locations or against protected individuals.
Why Gun Crimes Charges Happen in Pomona
Understanding the circumstances leading to gun crimes arrests in Pomona helps us build stronger defenses:
Traffic Stops and Vehicle Searches
Many gun crimes arrests in Pomona result from traffic stops. According to the California Highway Patrol[4], thousands of traffic stops occur daily throughout Los Angeles County. During these stops, officers may:
Observe firearms in plain view
Conduct searches based on consent
Search incident to arrest for other offenses
Conduct inventory searches of impounded vehicles
Search based on probable cause from odors or observations
We carefully scrutinize the legality of these searches, as Fourth Amendment violations can result in suppression of evidence and dismissal of charges.
Probation and Parole Compliance Checks
Individuals on probation or parole in Pomona face search conditions allowing law enforcement to search their person, vehicles, and residences without warrants. Probation and parole officers, working with police, regularly conduct compliance checks that uncover firearms, leading to new charges and violations. The California Department of Corrections and Rehabilitation[5] supervises thousands of parolees throughout Los Angeles County, and weapons violations are among the most common reasons for return to custody.
Domestic Violence Investigations
When Pomona Police respond to domestic violence calls, they often search for weapons as part of safety protocols. These searches frequently reveal firearms, resulting in charges even when the domestic violence allegations are unfounded. Additionally, domestic violence restraining orders automatically prohibit firearm possession, and violations result in criminal charges.
Gang Enforcement Operations
Pomona has experienced gang activity in certain neighborhoods, leading to focused enforcement efforts. Gang task forces, including federal agencies, conduct operations targeting illegal firearms in gang-impacted areas. These operations result in:
Probation and parole sweeps in gang neighborhoods
Search warrants for suspected gang locations
Traffic stops in high-gang areas
Investigations based on confidential informants
Federal prosecutions under Project Safe Neighborhoods
Gang enhancements dramatically increase sentences for gun crimes, adding two to ten years or more to prison terms.
Federal Task Force Investigations
Federal agencies including ATF, FBI, and DEA work with Pomona Police on investigations targeting:
Gun trafficking organizations
Firearms used in drug trafficking
Interstate weapons smuggling
Prohibited persons with firearms
Straw purchase operations
Federal investigations often involve undercover operations, wiretaps, confidential informants, and coordinated multi-agency arrests. Federal prosecutions typically result in harsher penalties than state charges.
Penalties for Gun Crimes Convictions in Pomona
Gun crimes convictions carry severe penalties that vary based on the specific charges, your criminal history, and aggravating factors:
Misdemeanor Gun Crimes Penalties
Lesser firearms offenses charged as misdemeanors result in:
Up to one year in Los Angeles County jail
Misdemeanor probation for up to three years
Fines ranging from $1,000 to $10,000
Firearm confiscation and destruction
Gun safety courses or counseling
Loss of gun rights for ten years
Permanent criminal record affecting employment
Even misdemeanor convictions create lasting problems. According to the U.S. Bureau of Labor Statistics[6], many employers conduct background checks and may refuse to hire individuals with weapons-related convictions.
Felony Gun Crimes Penalties
Felony firearms convictions result in substantially harsher consequences:
Standard Felony Sentences:
16 months to three years in California state prison for most illegal possession charges
Two to four years for assault with firearm
Three to seven years for shooting at inhabited dwellings
Federal sentences ranging from five years to life for various violations
Sentence Enhancements:
Personal use of firearm: additional three, four, or ten years
Personally discharging firearm: additional ten years or 20 years if causing great bodily injury
Gang enhancements: additional two to ten years
Prior serious felony convictions: doubled sentences under Three Strikes Law
Additional Consequences:
Loss of gun rights under state and federal law
Strikes under California’s Three Strikes Law
Immigration consequences including deportation
Inability to vote while incarcerated
Loss of professional licenses
Difficulty obtaining employment, housing, and education
Prohibition from military service
Loss of federal benefits
Federal Penalties
Federal gun crimes typically carry mandatory minimum sentences:
Felon in possession: Up to ten years in federal prison
Use of firearm in violent crime/drug trafficking: Mandatory minimum five years consecutive to underlying offense; ten years if brandished; life if discharged
Armed career criminal enhancement: Mandatory 15 years for prohibited persons with three prior violent felony or serious drug convictions
Possession with obliterated serial number: Up to five years
The U.S. Sentencing Commission[7] establishes guidelines that federal judges follow, often resulting in longer sentences than comparable state charges.
Perhaps the most significant consequence for many defendants is permanent loss of Second Amendment rights. California law prohibits firearm possession for:
Life for felony convictions
Ten years for specified misdemeanor convictions
Life for domestic violence convictions (federal law)
This prohibition extends to all firearms, ammunition, and even antique weapons. Violations result in new felony charges.
Employment Barriers
Gun crimes convictions severely limit employment opportunities. Many Pomona employers, particularly those in healthcare, education, security, government, and positions involving vulnerable populations, automatically disqualify applicants with firearms convictions. Even when not automatically disqualifying, convictions require explanations during interviews, putting you at competitive disadvantages.
Professional Licensing Consequences
California licensing boards consider gun crimes convictions when evaluating applications for:
Convictions can result in license denial, suspension, or revocation, ending careers and livelihoods.
Immigration Consequences
For non-citizens residing in Pomona, gun crimes convictions can be catastrophic. The U.S. Citizenship and Immigration Services[8] considers firearms offenses as grounds for:
Deportation and removal proceedings
Inadmissibility preventing reentry
Denial of naturalization applications
Ineligibility for visa renewals
Bars to adjustment of status and immigration relief
Even lawful permanent residents with decades of U.S. residence face deportation following firearms convictions.
Impact on Custody and Family Law
Gun crimes convictions affect family law matters significantly:
Presumptions against custody for parents with violent crime or domestic violence firearm convictions
Supervised visitation requirements
Negative impact on spousal support determinations
Consideration in divorce proceedings
Permanent restraining orders
Housing Difficulties
Landlords throughout Pomona and Los Angeles County conduct criminal background checks. Gun crimes convictions often result in:
Denial of rental applications
Ineligibility for public housing
Eviction from current housing
Difficulty securing mortgages
Educational Barriers
Colleges and universities consider criminal history in admissions decisions. According to the National Center for Education Statistics[9], many institutions require disclosure of convictions and factor this into admissions. Gun crimes convictions can result in:
Denial of admission
Loss of scholarships and financial aid
Dismissal from current programs
Ineligibility for certain fields of study
Defenses to Gun Crimes Charges
Gun crimes cases can be successfully defended through various strategies. At Tu Defensor Criminalista, we thoroughly analyze every aspect of your case to identify the strongest defenses:
Constitutional Challenges to Searches and Seizures
The Fourth Amendment protects against unreasonable searches and seizures. Many gun crimes cases involve constitutional violations including:
Illegal Traffic Stops: Police must have reasonable suspicion of criminal activity or traffic violations to stop your vehicle. Stops based on hunches, racial profiling, or pretextual reasons violate the Fourth Amendment.
Unlawful Vehicle Searches: Officers cannot search your vehicle without your consent, probable cause, or valid warrant exceptions. We challenge searches exceeding the scope of legal justification.
Illegal Home Searches: Searches of your residence require valid warrants based on probable cause or recognized exceptions. We scrutinize warrant applications for misrepresentations or insufficient probable cause.
Prolonged Detentions: Traffic stops must be limited in scope and duration to address the violation justifying the stop. Prolonged detentions to investigate unrelated matters violate constitutional rights.
Illegal Parole/Probation Searches: Even under search conditions, probation and parole searches must be reasonable and not conducted for harassment purposes.
When we successfully demonstrate constitutional violations, evidence is suppressed under California Penal Code Section 1538.5, often resulting in dismissal.
Lack of Knowledge or Possession
To convict you of gun crimes, prosecutors must prove you knowingly possessed the firearm. Defenses based on lack of knowledge or possession include:
Constructive Possession Challenges: When firearms are found in vehicles or homes shared with others, we challenge whether you had knowledge of and dominion over the weapon.
Temporary Innocent Possession: If you temporarily possessed a firearm to turn it over to police or prevent harm, this may provide a complete defense.
Unknowing Possession: If someone placed a weapon in your vehicle or belongings without your knowledge, you cannot be convicted.
Challenging the Prohibited Person Status
For felon-in-possession and prohibited person charges, we investigate whether:
Your prior conviction qualifies as a “felony” under relevant law
You properly restored your gun rights through expungement or certificate of rehabilitation
The conviction occurred in another state and doesn’t qualify under California law
You were improperly classified as prohibited
Second Amendment Challenges
Following recent Supreme Court decisions including District of Columbia v. Heller and New York State Rifle & Pistol Association v. Bruen, some California gun restrictions face constitutional challenges. While these challenges are complex and not always successful, we explore Second Amendment arguments when applicable to your case, particularly regarding:
CCW permit denials or restrictions
Assault weapons bans
Magazine capacity restrictions
Categorical prohibitions on protected persons
Lack of Intent or Accident
Some gun crimes require specific intent. Defenses include:
Accidental Discharge: If a firearm discharged accidentally without criminal negligence, this negates intent elements.
Lawful Defense: Displaying or using firearms in legitimate self-defense or defense of others provides complete defenses when the force used was reasonable and necessary.
Entrapment
When government agents or informants induce otherwise law-abiding individuals to commit gun crimes they wouldn’t have committed without inducement, entrapment provides a defense. This commonly arises in:
Straw purchase stings
Gun trafficking operations
Illegal sales to undercover agents
Chain of Custody and Evidence Challenges
We challenge the prosecution’s evidence by:
Questioning whether the firearm introduced at trial is the same weapon allegedly possessed
Demonstrating evidence tampering or contamination
Challenging forensic testing and expert conclusions
Exposing gaps in evidence handling procedures
Insufficient Evidence
Prosecutors bear the burden of proving every element beyond reasonable doubt. We challenge insufficient evidence by:
Demonstrating lack of proof of key elements
Highlighting contradictory witness testimony
Exposing weaknesses in circumstantial evidence
Presenting alternative explanations for evidence
The Criminal Justice Process for Gun Crimes in Pomona
Understanding the court process helps you navigate your case effectively:
Arrest and Booking
After arrest for gun crimes, you’re transported to Pomona Police Department or Los Angeles County Sheriff’s facility for booking, including fingerprinting, photographing, and recording of information. Firearms are confiscated as evidence.
Arraignment
Within 48 hours (excluding weekends and holidays), you appear before a judge at Pomona Superior Court, located at 400 Civic Center Plaza, Pomona, CA 91766. At arraignment:
You’re formally notified of charges
You enter a plea (guilty, not guilty, or no contest)
Bail is set or modified
Protective orders may be issued
The Los Angeles County Superior Court[10] handles all criminal cases in Pomona. Having an attorney at arraignment is critical for arguing bail reduction and protecting your rights.
Pretrial Proceedings
Your case proceeds through several court dates involving:
Discovery: Exchanging evidence between prosecution and defense
Pretrial motions: Filing motions to suppress evidence, dismiss charges, or address legal issues
Plea negotiations: Discussing potential resolution with prosecutors
Preliminary Hearing (Felonies)
In felony cases, a preliminary hearing determines whether sufficient evidence exists to proceed to trial. This hearing provides opportunities to:
Test prosecution evidence and witness testimony
Lock in witness statements for later impeachment
Evaluate case strength for negotiation purposes
Sometimes secure dismissal of charges
Trial
If your case doesn’t resolve through dismissal or plea agreement, we proceed to jury trial where the prosecution must prove guilt beyond reasonable doubt. Our trial representation includes:
Strategic jury selection
Powerful opening statements
Aggressive cross-examination of prosecution witnesses
Presentation of defense evidence and experts
Compelling closing arguments
Sentencing
If convicted, the judge imposes penalties according to California or federal sentencing guidelines, considering aggravating and mitigating factors.
How the Prosecution Handles Gun Crimes Cases
Understanding prosecutorial approaches helps us develop effective defense strategies. The Los Angeles County District Attorney’s Office[11] takes gun crimes extremely seriously, often assigning experienced prosecutors to these cases.
Prosecutors evaluate cases based on:
Defendant’s criminal history, particularly prior weapons or violence convictions
Circumstances of possession (loaded vs. unloaded, concealed vs. open)
Location (school zones, government buildings, high-crime areas)
Cooperation with law enforcement
Evidence strength
Public safety concerns
Community impact
However, prosecutors also exercise discretion to offer favorable plea agreements or dismiss weak cases. Our experience negotiating with Los Angeles County prosecutors enables us to:
Present mitigating evidence showing you’re not a danger
Negotiate charge reductions from felonies to misdemeanors
Secure diversion programs or alternative sentencing
Advocate for probation instead of prison
Why Immediate Legal Representation Is Essential
Time is critical in gun crimes cases. Immediate action can significantly impact outcomes:
When you contact Tu Defensor Criminalista immediately after arrest, we can:
Advise you of your rights and prevent damaging statements to police
Begin investigating while evidence and witnesses are available
File bail motions to secure your release
Preserve evidence supporting your defense
Document circumstances supporting legal defenses
Negotiate with prosecutors before formal charging decisions
Prevent filing of federal charges in marginal cases
Protect your gun rights through proper legal strategies
Our Comprehensive Approach to Gun Crimes Defense
At Tu Defensor Criminalista, we provide thorough, strategic defense tailored to your circumstances:
Detailed Investigation
We conduct comprehensive investigations including:
Reviewing all police reports, search warrants, and evidence
Analyzing body camera and surveillance footage
Interviewing witnesses
Examining firearms for proper testing and chain of custody
Consulting firearms experts on technical issues
Investigating officers’ backgrounds for misconduct patterns
Researching applicable case law and legal precedents
Aggressive Pretrial Motions
We file strategic motions including:
Motions to suppress evidence from illegal searches
Pitchess motions discovering police misconduct records
Motions to dismiss based on insufficient evidence or legal defects
Motions challenging gang allegations and enhancements
Motions to reduce bail or modify release conditions
Skilled Negotiations
We negotiate with prosecutors for:
Charge reductions from felonies to misdemeanors
Dismissal through diversion programs
Probation instead of prison
Elimination of enhancements
Plea agreements protecting immigration status
Preservation of gun rights when possible
Trial Excellence
When necessary, we provide experienced trial representation:
Selecting favorable jurors
Presenting compelling defenses
Cross-examining prosecution witnesses effectively
Calling defense experts on firearms, forensics, and constitutional law
Delivering persuasive arguments
Fighting for not guilty verdicts
Alternative Sentencing Options
California offers programs allowing defendants to avoid conviction:
Pretrial Diversion
Some jurisdictions offer diversion for first-time offenders on minor gun charges. Successful completion results in dismissal.
Mental Health Diversion (PC 1001.36)
If mental health conditions contributed to your offense, you may qualify for treatment instead of prosecution. Successful treatment results in dismissal.
Deferred Entry of Judgment
In limited cases, we negotiate deferred judgment where you plead guilty but judgment is deferred pending probation completion, after which charges are dismissed.
Probation Instead of Prison
Even in serious felony cases, we often secure probation instead of state prison for first-time offenders or when mitigating circumstances exist.
Why Choose Tu Defensor Criminalista for Your Pomona Gun Crimes Case
When facing gun crimes charges, you need experienced, dedicated representation. Tu Defensor Criminalista offers:
Extensive Firearms Law Experience
We have successfully defended hundreds of gun crimes cases in Pomona Superior Court, Los Angeles County courts, and federal court. Our deep knowledge of California and federal firearms laws ensures comprehensive defense.
Proven Track Record
Our case results include:
Dismissals based on successful suppression motions
Not guilty verdicts at trial
Reduction of felonies to misdemeanors
Probation instead of prison sentences
Protection of clients’ immigration status
Preservation of gun rights through strategic defenses
Personalized Service
We recognize the stress and fear you’re experiencing. We provide:
Regular case updates and communication
Accessible attorneys who return calls promptly
Respectful, compassionate treatment
Clear explanations of your options and legal process
Bilingual Representation
Our Spanish-language services ensure Pomona’s diverse community receives quality representation regardless of language. We communicate with clients in their preferred language and ensure complete understanding.
Strategic Defense Planning
Every case requires unique strategies. We:
Thoroughly analyze all evidence and circumstances
Identify the strongest available defenses
Develop plans designed for optimal outcomes
Adapt strategies as cases develop
Commitment to Your Rights
We’re dedicated to:
Protecting your constitutional rights
Holding law enforcement accountable for violations
Ensuring fair treatment throughout the process
Preserving your Second Amendment rights when legally possible
Taking Action: What to Do If You’re Arrested for Gun Crimes
If arrested or accused of gun crimes in Pomona, take these immediate steps:
Exercise Your Right to Remain Silent
Politely but firmly tell officers you wish to remain silent and want an attorney. Do not attempt to explain the situation or answer questions without your lawyer present. Even truthful statements can be misinterpreted.
Do Not Consent to Searches
If police request permission to search your person, vehicle, or property, politely decline. While officers may proceed anyway if they believe they have legal authority, your refusal preserves important legal arguments.
Document Everything
Write down everything you remember including:
Exact location and time of arrest
What officers said and did
Whether you consented to searches
Names or badge numbers of officers
Witnesses who observed events
Whether Miranda rights were given
Any force used during arrest
Preserve Evidence
Identify witnesses and obtain contact information. If surveillance cameras may have captured relevant events, inform your attorney immediately so we can preserve footage.
Contact an Attorney Immediately
The single most important step is contacting an experienced Pomona gun crimes defense attorney immediately. Early intervention provides the greatest opportunities for favorable outcomes.
Frequently Asked Questions – Gun Crimes
Can I be charged with a gun crime if the firearm was unloaded?
Yes. Many California gun crimes, including carrying a concealed weapon and felon in possession, apply regardless of whether the firearm is loaded. However, loaded weapons often result in enhanced charges and penalties.
What if I didn’t know the gun was in my car?
Lack of knowledge is a valid defense. If someone else placed a weapon in your vehicle without your knowledge, and you can demonstrate genuine lack of knowledge, this may result in dismissal. However, prosecutors often attempt to prove knowledge through circumstantial evidence.
Can police search my car just because they pulled me over?
No. Police need your consent, probable cause, or a valid warrant exception to search your vehicle. A lawful traffic stop alone doesn’t authorize vehicle searches. We carefully scrutinize the legality of searches in every case.
Will I automatically go to prison for a gun crime conviction?
Not necessarily. Many factors affect sentencing, including the specific charges, your criminal history, and circumstances. First-time offenders charged with misdemeanors often receive probation. Even some felony cases result in probation instead of prison with effective representation.
Can I get my gun rights back after a conviction?
It depends on the conviction. Some misdemeanor convictions result in ten-year prohibitions that expire. Felony convictions generally result in lifetime bans, though California’s Prop 47 allows reduction of some felonies to misdemeanors, potentially restoring rights. Federal domestic violence convictions result in lifetime bans with very limited exceptions.
What’s the difference between state and federal gun crimes charges?
State charges are prosecuted by the Los Angeles County District Attorney in state court under California law. Federal charges are prosecuted by U.S. Attorneys in federal court under federal law. Federal charges typically result in longer mandatory minimum sentences and are generally more serious.
How do gang allegations affect gun crimes charges?
Gang enhancements can add two to ten years to sentences and can elevate misdemeanors to felonies. Prosecutors must prove you’re an active gang member and committed the offense for the gang’s benefit. We aggressively challenge gang allegations through expert testimony and evidence.
Can I still own guns if I complete probation successfully?
It depends on your conviction. Felony convictions result in lifetime prohibitions unless reduced to misdemeanors. Some misdemeanor convictions prohibit possession for ten years. Domestic violence convictions result in lifetime federal bans.
What if I was legally defending myself when the gun crime occurred?
Self-defense is a complete defense to many gun crimes. If you lawfully possessed a firearm and used or displayed it in reasonable self-defense, you cannot be convicted. We present evidence demonstrating the threat you faced and the reasonableness of your response.
How long does a gun crimes conviction stay on my record?
In California, convictions remain on your record indefinitely unless expunged. Under Penal Code Section 1203.4, you may petition for expungement after successfully completing probation. Expungement provides relief from many consequences but doesn’t completely erase the conviction.
Contact Tu Defensor Criminalista for Pomona Gun Crimes Defense
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