The Most Common Gun Charges That Receive Bail
Gun-related charges are serious offenses that often lead to significant legal consequences. However, defendants facing these charges can still seek bail to secure their release while awaiting trial. Here, we explore some of the most common gun charges that receive bail, along with their corresponding penal codes.
1. Carrying a Concealed Weapon (Penal Code 25400 PC)
Under California Penal Code 25400, it is illegal to carry a concealed firearm without a valid permit. This charge is common and can be classified as a misdemeanor or felony, depending on the circumstances.
- Misdemeanor: Usually results in fines, probation, or up to one year in county jail.
- Felony: Can lead to more severe penalties, including state prison time.
Defendants charged with carrying a concealed weapon often receive bail, allowing them to prepare for their defense outside of custody.
2. Carrying a Loaded Firearm in Public (Penal Code 25850 PC)
California Penal Code 25850 makes it unlawful to carry a loaded firearm in a public place or in a vehicle.
- Misdemeanor: Punishable by up to one year in county jail and/or fines.
- Felony: Depending on prior criminal history or the circumstances, this can result in state prison sentences.
Bail is typically available for those charged with carrying a loaded firearm in public, providing an opportunity to secure release until their court date.
3. Felon in Possession of a Firearm (Penal Code 29800 PC)
Penal Code 29800 prohibits individuals with prior felony convictions from owning, purchasing, or possessing firearms.
- Felony Charge: This serious offense can lead to significant prison time, often up to three years in state prison.
Despite the severity, bail is often granted to allow defendants to address their legal matters while out of custody.
4. Possession of an Assault Weapon (Penal Code 30605 PC)
Under Penal Code 30605, it is illegal to possess certain assault weapons in California.
- Felony Charge: Possession of an assault weapon is considered a serious offense and carries hefty penalties, including potential prison time.
Bail may be set for those accused of possessing an assault weapon, enabling them to work on their defense strategy.
5. Brandishing a Firearm (Penal Code 417 PC)
California Penal Code 417 makes it illegal to draw or exhibit a firearm in a threatening manner.
- Misdemeanor: Generally punishable by up to one year in county jail.
- Felony: In more severe cases, such as brandishing a firearm in the presence of a police officer, the charge can escalate to a felony.
Defendants charged with brandishing a firearm can often obtain bail, allowing them to await trial from home.
6. Unlawful Sale of Firearms (Penal Code 26500 PC)
Penal Code 26500 criminalizes the sale, lease, or transfer of firearms without a proper license.
- Misdemeanor: Usually involves fines and possible jail time up to six months.
- Felony: Can result in more severe punishments, especially if the sale involves multiple firearms or leads to further criminal activity.
Bail is typically available for those charged with the unlawful sale of firearms, providing an opportunity for release pending trial.
Understanding the nuances of these common gun charges and their associated penal codes is crucial for anyone facing such accusations. At Cecil C. Armstrong Bail Bonds, we specialize in helping individuals secure bail, ensuring they have the best possible chance to prepare for their defense while out of custody. If you or a loved one is dealing with a gun-related charge, contact us today to learn more about how we can assist you in navigating the bail process.
Bail Schedules for Gun Charges in Los Angeles County
When facing gun-related charges in Los Angeles County, understanding the bail schedule is crucial. The bail schedule outlines the standard bail amounts set for various offenses, including gun charges. This guide provides an overview of the bail schedules for common gun charges in Los Angeles County.
Understanding Bail Schedules
A bail schedule is a list established by local courts that sets the bail amounts for different offenses. It serves as a guideline for law enforcement and judicial officers to determine the amount a defendant must pay to secure their release from custody while awaiting trial.
Common Gun Charges and Their Bail Amounts
Carrying a Concealed Weapon (Penal Code 25400 PC)
- Misdemeanor: Bail is typically set at $1,000.
- Felony: Bail ranges from $10,000 to $25,000, depending on prior convictions and specific circumstances.
Carrying a Loaded Firearm in Public (Penal Code 25850 PC)
- Misdemeanor: Bail is generally set at $1,000.
- Felony: Bail amounts range from $20,000 to $35,000, influenced by the defendant’s criminal history and the nature of the offense.
Felon in Possession of a Firearm (Penal Code 29800 PC)
- Felony Charge: Bail is usually set at $35,000. However, this amount can increase based on the defendant’s past criminal record and the specifics of the case.
Possession of an Assault Weapon (Penal Code 30605 PC)
- Felony Charge: Bail for possession of an assault weapon typically starts at $35,000. This amount may vary based on additional factors, such as the quantity of weapons and any related charges.
Brandishing a Firearm (Penal Code 417 PC)
- Misdemeanor: Bail is generally set at $1,000.
- Felony: For more severe cases, such as brandishing a firearm in the presence of a police officer, bail can be set at $20,000 to $50,000.
Unlawful Sale of Firearms (Penal Code 26500 PC)
- Misdemeanor: Bail is usually set at $10,000.
- Felony: For felony charges, the bail amount ranges from $20,000 to $50,000, depending on the severity and the number of firearms involved.
Factors Influencing Bail Amounts
While the bail schedule provides standard amounts, several factors can influence the actual bail set by the judge, including:
- Criminal History: Defendants with prior convictions may face higher bail amounts.
- Severity of the Offense: More serious gun charges typically result in higher bail.
- Flight Risk: If the defendant is deemed a high flight risk, bail may be increased.
- Public Safety: Concerns about public safety can lead to higher bail or even denial of bail in extreme cases.
Securing Bail with Cecil C. Armstrong Bail Bonds
If you or a loved one is facing gun charges in Los Angeles County, contact Cecil C. Armstrong Bail Bonds today. Our knowledgeable and compassionate team is here to guide you through the bail process, helping you secure the best possible outcome.
What Is The California Penal Code 25400 PC?
California Penal Code 25400 PC addresses the unlawful carrying of a concealed firearm. This law is crucial for maintaining public safety and regulating the possession of firearms in California. Understanding the specifics of this penal code is essential for anyone facing related charges or seeking to comprehend the legal landscape regarding concealed weapons.
What is Penal Code 25400 PC?
Penal Code 25400 PC makes it illegal to carry a concealed firearm on your person or in a vehicle without a proper permit. This law aims to prevent the unauthorized and potentially dangerous carrying of concealed weapons.
Key Elements of Penal Code 25400 PC
To be charged under Penal Code 25400 PC, the prosecution must prove the following elements:
- Concealment: The firearm must be concealed on the person or within a vehicle. This means the weapon is not visible to the public.
- Knowledge: The defendant must knowingly carry the concealed firearm. Accidental or unintentional possession does not typically fall under this penal code.
- Firearm: The object must meet the legal definition of a firearm, which includes any device designed to be used as a weapon from which a projectile is expelled through a barrel by the force of an explosion or other form of combustion.
Penalties for Violating Penal Code 25400 PC
The penalties for carrying a concealed firearm under Penal Code 25400 PC can vary based on the circumstances and the defendant’s criminal history. The offense can be charged as a misdemeanor or a felony:
Misdemeanor:
- Up to one year in county jail.
- Fines up to $1,000.
- Misdemeanor probation.
Felony:
- 16 months, 2 years, or 3 years in county jail.
- Larger fines.
- Felony probation.
The charge is more likely to be a felony if:
- The defendant has a prior felony conviction or a prior conviction for a firearm offense.
- The firearm is stolen, and the defendant knew or had reasonable cause to believe it was stolen.
- The defendant is an active participant in a criminal street gang.
- The defendant is prohibited from possessing a firearm due to a restraining order or other legal prohibition.
Defenses Against Penal Code 25400 PC Charges
Several defenses can be employed to fight charges under Penal Code 25400 PC:
- Lack of Knowledge: Arguing that the defendant did not know they were carrying a concealed firearm.
- Illegal Search and Seizure: If the firearm was discovered through an illegal search, it might be possible to have the evidence suppressed.
- Permit for Concealed Carry: Demonstrating that the defendant had a valid concealed carry permit at the time of the arrest.
- Not Concealed: Proving that the firearm was not actually concealed can be a viable defense.
Importance of Legal Representation
Facing charges under Penal Code 25400 PC can have serious consequences, including jail time and a permanent criminal record. It is essential to seek experienced legal representation to navigate the complexities of these charges effectively.