When you are arrested for a gun offense, it could seem as if your entire life is ruined. Gun crimes are some of the severest crimes in California, with hefty penalties for those found guilty. A conviction can result in a lengthy prison sentence, a hefty court fine, and other life-changing consequences. However, an arrest does not mean a guilty verdict. If you are eligible for bail, you can post cash bail or use a property bond to obtain a pretrial release. Then, you can start planning your defense. If you lack sufficient resources to make bail, our bail bond services at Future Bail Bond are worth considering.
An Overview of Gun Offenses
A gun offense refers to any crime, small or big, that you commit using a gun. Some gun crimes are more severe than others.
California adults generally have gun rights, meaning that you can obtain a license to possess, buy, or use a firearm. Failure to obtain a permit can result in a gun crime when you illegally acquire, possess, or use a gun. Strict regulation of possession, use, or purchase/sale of firearms in the state helps keep the public safe, considering how damaging gun crimes can be. Here are common gun crimes under the law, charges for which you can face today:
- Possession of a firearm without a license (when you illegally have a gun in a public space)
- Possession of an illegal firearm, like an assault rifle
- Felony possession of a gun (mainly for people who have been banned from possessing or purchasing firearms, like convicted felons)
- Concealed carry or carrying a concealed weapon without authorization
- Brandishing a gun in public, even if the gun is unloaded, or if you do not intend to cause harm
- Assault with a dangerous weapon, like a gun (happens when you discharge a firearm at another person)
Some gun crimes are classified as misdemeanors, while others are classified as felonies. This mainly depends on the nature of the crime and the defendant’s criminal history. Other gun crimes result in penalty enhancement by the judge during sentencing, especially if you have a prior conviction for a serious felony on your record, or you use a gun to commit a serious felony like kidnapping or theft. When sentencing enhancement applies in your case, the judge will give you an additional prison sentence to serve consecutively with the sentence you receive for the underlying gun crime.
Fortunately, you can influence the outcome of your case to avoid a conviction by planning well for your defense. This may work well if you are eligible for bail, as you can obtain a retail release immediately after your arrest. Then, you can hire an attorney, gather evidence, and prepare a compelling statement to convince the court to dismiss or reduce your charges.
Possible Penalties for Gun Offenses in California
Remember that all gun offenses are not the same; some are more severe than others. Prosecutors consider the details of your case and your criminal history to determine the most appropriate charges to file against you.
The simple possession of a gun without a license is a misdemeanor, punishable by up to 12 months in jail and a court fine of up to $ 1,000.
If the gun in your possession is illegal, the crime becomes a wobbler, meaning that the prosecutor can file misdemeanor or felony charges against you. A misdemeanor conviction is punishable by up to one year in jail and a fine of $1,000. A felony conviction will result in a prison sentence of 16 to 36 months and a fine of $10,000.
A conviction for concealed carry is punishable by up to one year in jail and a fine of $1,000.
A felony possession of a gun is punishable by 16 months, two or three years in prison, and $10,000 in fines.
Brandishing a gun is a wobbler offense. A misdemeanor is punishable by up to 12 months in jail and a fine of $1,000, while a felony is punishable by 16 months to two or three years in prison and a fine of $10,000.
Using a firearm to assault a person can result in up to twelve years in prison.
The illegal sale of firearms (without a valid license) is a wobbler offense. Selling without a licence to individuals with a permit to obtain firearms is a misdemeanor, punishable by one year in jail and $1000 in fines. However, selling to prohibited persons, like convicted felons, so selling assault weapons is a felony, punishable by 16 months, two, or three years in prison.
A skilled criminal attorney will review your case and evidence against you to advise you on your options and help you develop a solid defense against your charges. However, this works best when you are out on bail, rather than when you are stuck in jail. If you are eligible for bail but cannot afford it, bail bonds for gun offenses are available from reliable bail bondsmen. You can be out of jail in no time, to plan your defense well.
Bail for Gun Crimes in California
No one deserves a prolonged stay in jail before trial. Since you are only a suspect at the time of arrest, you can be released on bail pending the determination of your case. However, you must be eligible for bail for this to happen. Courts grant bail if you can appear for all scheduled court dates and are not a safety threat to your community. Also, you must pay the required bail to guarantee your court appearances. Fortunately, there are bail bonds for gun offenses that you can use if you are eligible for bail but lack the finances to pay the required amount.
Remember that gun offenses are not all the same; some are more severe than others. In this case, your bail will depend on the details of your case and your criminal history. Bail amounts for gun offenses in California range from $10,000 to $75,000. You can negotiate for a lower bail if the judge sets it high, and you lack enough financial resources to pay. You can also utilize a bail bond service provided by a reputable bail bondsman.
Remember that although most defendants have the right to bail, courts do not grant bail to everyone facing gun-related charges. The judge can deny you bail in the following circumstances:
- If you are a safety threat to your family or community. The judge can make this judgment if you were involved in an act of violence, threatened someone with death or bodily harm, used a gun to commit a felony, or have a pattern of criminal behavior involving guns.
- If you will likely interfere with the legal proceedings or obstruct justice by threatening witnesses or victims, or interfere with police investigations
- If you are a flight risk, meaning that you will leave the community to a location where the court will not easily find you, or have no jurisdiction over you. The judge may make this judgment if you have a history of skipping bail or do not have a strong tie to the community, like a permanent job, business, or family.
The judge may also deny you bail if you face severe gun-related charges, for example, committing a violent felony like murder or rape using a gun. In this case, you will remain in jail after the arrest until the court hears and determines your case.
However, if you prove your willingness and readiness to appear for all scheduled hearings and do not pose a safety threat to your community, the judge can grant you bail. If they do, you can post cash bail, use a property bond, or use a bail bond service.
Bail bonds for gun offenses are offered by third-party companies that provide their services for a small fee. These are companies that help eligible defendants ensure their court appearances and also assist in navigating complex bail processes. You can easily identify a reliable bail bondsman today, as their services are highly popular and they operate both online and near local jails and courts. If someone you know has used a bail bond service in the past, they can recommend a reliable company that will help you post bail.
Reasons to Use Bail Bonds after a Gun-Related Arrest
When you are arrested for a gun crime, you are eligible for bail. Your primary option for posting bail is usually cash bail. This entails paying the full bail in cash, or using a check or money order to the court to guarantee your court appearances. While this option is usually simple and straightforward, and you can apply for a refund afterwards, it may not be suitable for all defendants. If your bail is high, which is likely for anyone facing gun-related charges, you may not be able to afford the full bail. Also, if you skip bail, you can lose a substantial amount through bail forfeiture.
Some courts allow defendants to use property bonds as an alternative to cash bail. A property bond means using a valuable asset to guarantee your court appearances. This can work if you or your family owns something valuable that the court can accept as a bond. If you make all required court appearances, the court will return the property to you. However, you can lose it all if the court forfeits your bail for failure to appear.
Bail bonds are critical if you lack the financial resources to post bail. If you are eligible for bail but cannot pay the required amount, you may spend unnecessary time in jail as you await the determination of your case. This is not the best option, considering how disruptive an arrest can be. If you wish to return home to your family, work, or school, a bail bond service can help. Additionally, posting bail allows you to plan well for your defense, since you can hire an attorney and collect evidence better when you are free.
With that in mind, it is advisable to find a reliable bail bondsman immediately after your arrest for a gun offense. You can find a referral or use online tools to find a reputable bail bondsman near you. Contact them immediately to learn more about their services, fees, and any other relevant information that will inform your decision-making. Then, you can sign a contract and pay the required amount to start the bail process.
How Bail Bonds for Gun Offenses Work
Bail bondsmen typically charge 10% of your bail to help you obtain a pretrial release. They charge the amount as an upfront premium, which kickstarts the bail process. Once you pay the amount and sign an agreement with a bail bondsman, they will process your release and ensure you are home sooner rather than later. Therefore, it is advisable to initiate the process promptly to minimize your time in jail.
You can start the process with the bail bondsman after your initial arraignment. This is when the judge determines your eligibility for bail and sets the amount. The judge also gives you options through which you can guarantee your court appearances.
Bail bondsmen are always ready to help by paying the amount the court needs to release you from jail. The bail bondsman pays the amount after your assurance that you will make all court appearances. If you fail to appear and the court forfeits your bail, the bail bondsman will lose a substantial amount to the court. In this case, the company will take the necessary measures to recover its loss from you, including filing a lawsuit against you or selling the collateral used to obtain the bail bond service.
Find Reliable Bail Bonds Near Me
If you or someone you know faces gun-related charges in California, planning your defense well can influence the outcome of your case. A pretrial release helps you gather evidence, hire an attorney, and prepare a compelling statement. However, you must be eligible for bail and be able to afford it for the court to grant a pretrial release.
If you qualify for bail and have no means of paying it, we can help at Future Bail Bond. We offer bail bonds for all crimes, including gun offenses. We can begin the process with you after your arrest, ensuring everything is ready when the judge grants your right to bail. Call us at 619-880-8737 to learn more about our services.
