Los Angeles Carrying a Loaded Firearm Attorney

Carrying a Loaded Firearm Attorney in Los Angeles

If you have been charged with carrying a loaded firearm in Los Angeles you need to understand immediately what you are facing and how quickly the situation can escalate. California Penal Code 25850 PC can be filed as a misdemeanor or a felony and the difference between the two comes down to specific factors in your case that prosecutors analyze before arraignment. A felony conviction means state prison time, a permanent record, and the loss of your right to own or possess a firearm for life. The decisions made in the earliest stage of this case determine how much leverage you have going forward. Contact our office today at (310) 448-1529 for a free confidential consultation.

Most people charged under this statute were not doing anything they considered dangerous. A loaded firearm found during a traffic stop, discovered in a vehicle during a routine encounter, or found on a person during a law enforcement contact is enough to support a charge regardless of the defendant’s intent. The prosecution does not need to prove you planned to use the weapon or that anyone was threatened. The charge is about the act of carrying and whether the circumstances trigger misdemeanor or felony treatment.

The felony or misdemeanor question is the most important issue in most PC 25850 cases and it is one that a firearms defense attorney in Los Angeles can often influence before charges are formally filed. The base charge is a misdemeanor but it becomes a felony the moment aggravating factors are present — a prior felony conviction, a stolen firearm, active gang participation, or the defendant being legally prohibited from possessing a firearm at all. When those factors exist prosecutors pursue felony treatment aggressively and the sentencing exposure changes dramatically. Getting an attorney involved before the filing decision is made creates the opportunity to challenge those factors, present mitigating information, and in some cases avoid the felony designation entirely.

The defense in most loaded firearm cases starts with the stop. A traffic stop that lacked reasonable suspicion, a search that exceeded its authorized scope, or a pat-down conducted without specific articulable facts justifying it are all Fourth Amendment violations that can result in the firearm being suppressed. Without the physical weapon the prosecution cannot proceed. Attorney Hashemi has challenged the legality of stops and searches in loaded firearm cases throughout Los Angeles County and knows exactly what the courts look for when evaluating whether a search was constitutional. When the firearm was found in a vehicle with multiple occupants the defense also focuses on whether the prosecution can establish that this defendant had immediate access to and control over the specific weapon rather than simply being present in the vehicle when it was found.

We understand that being charged with a firearms offense is frightening and that the consequences feel overwhelming from the moment of arrest. You may be wondering whether you have any real options, what a conviction would mean for your job, your family, and your future, and whether a defense attorney can actually change the outcome. The answer depends entirely on the facts of your case and how early and aggressively the defense is built. Our criminal defense attorney will review every detail of the arrest, analyze the legality of the stop and search, evaluate whether the felony aggravating factors can be challenged, and give you an honest assessment of where your case stands and what can be done.

Attorney Arash Hashemi has defended clients against carrying a loaded firearm charges and serious firearms offenses throughout Los Angeles County for over 20 years. He has appeared in courthouses across the county and understands how the District Attorney’s offices in each filing location approach these cases, how individual judges evaluate suppression motions, and where the defense has the most leverage at every stage. Every case is handled directly by Attorney Hashemi with no associates and no handoffs. When you retain our firm you work with the attorney defending your case from the first call through resolution.

If you have been charged with carrying a loaded firearm in Los Angeles do not wait. The earlier an attorney is analyzing the stop, the search, and the aggravating factors the more options are available. Contact our office today for a free confidential consultation.

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We are conveniently located in the Westside Towers serving clients facing loaded firearm and weapons charges across Los Angeles, Beverly Hills, Santa Monica, the San Fernando Valley, Long Beach, and all surrounding communities. Your defense starts the moment you call.