Peter Blair | November 13, 2017 | State Law
At Blair Defense Criminal Lawyers, we understand how a charge can affect you for the rest of your life, which is why we offer our helping hand when you have been charged or convicted of a serious crime. When you look at a misdemeanor, you probably don’t view them as seriously as felonies. This is because they are crimes that can lead to shorter sentences in prison and small fines compared to felonies, which can lead to years in prison and the loss of rights including voting or possessing firearms. But did you know that there are some crimes that could be perceived as a “wobbler” and be prosecuted as a misdemeanor or a felony? And that these are crimes that could keep you from losing your firearm rights?
California has a 10-year ban in place for those who have received certain convictions. These include the following under California law:
- Threatening certain public officers
- Intimidating witnesses or victims
- Threatening witnesses, victims, or informants
- Attempting to remove of take a firearm from the person or immediate presence of a public or peace officer
- Unauthorized possession of a weapon in a courtroom
- Bringing into or possessing a loaded firearm within the state capitol
- Sexual Battery
- Assault with a stun gun or taser
- Assault with a deadly weapon other than a firearm, or with force likely to produce great bodily injury
- Discharging a firearm in a grossly negligent manner
- Inflicting corporal injury on a spouse or significant other
- Willfully violating a domestic protective order
- Making threats to commit a crime that leads to great bodily injury
Domestic violence crimes are also taken very seriously. If you have been charged or convicted of this crime, you may not just be facing the 10-year ban, you could be facing a lifetime without firearms. The law states that it is unlawful for any person “who has been convicted of a misdemeanor crime of domestic violence” to possess a firearm.
Nobody wants to have their rights taken away, especially over a crime that they can defend themselves against.