Guns and Firearms

Gun and Firearms Charges

California is tough on guns and firearm charges. If you have been charged with carrying a handgun with an expired permit, carrying a concealed gun or loaded firearm, illegally transporting a gun in your vehicle; or, a gun allegation was added to charges for another offense – you need to call Damian Siwek, a Los Angeles criminal defense attorney who is serious and skilled about fighting those charges.

Most California gun charges are “wobblers,” meaning that prosecutors can charge the gun or firearm offense as either a misdemeanor or a felony. Even first-time offenders may be sentenced to state prison depending on the circumstances of the case. Courts may impose county jail time and large fines for either felony or misdemeanor firearm cases. So choosing the right lawyer makes all the difference.


A misdemeanor gun conviction carries a maximum sentence of one year in county jail along with fines and up to five years of summary probation.

If prosecutors decide to file the gun charge as a felony, the maximum penalty is a state prison commitment. Illegal use of a gun is generally punished harshly in this state. Felony “discharge of a firearm at an occupied home, car, or aircraft” carries a sentence of 3 to 7 years in state prison.

There are a number of sentencing “enhancements” that apply to California gun charges. An “enhancement” is an additional prison term that is added to the base term of the underlying felony. Ten years can be added to a sentence if a gun that is inoperable is used in the commission of a crime. There are other enhancements that are even more severe.

We Can Help

The state laws regulating gun and firearms are complex. The charges and penalties vary depending on the defendant’s criminal record, personal circumstances, and details of the alleged crime, such as whether the firearm was concealed or loaded. We will put our aggressiveness, experience and knowledge to work for you.

For aggressive and effective representation against gun or firearm charges, including a free confidential consultation, contact Los Angeles criminal defense attorney Damian Siwek at DCS Defense.