Legal Question in Criminal Law in California

12021a

What is the typical sentence for this charge (prior felony conviction almost 10 years old and non-violent and not in my possession until police asked me to bring to the police station, since my son told them I had them (but they were not in my home, but another family member's) and I brought it in and was then charged with possession. How much time am I looking at?


Asked on 6/04/09, 6:26 am

2 Answers from Attorneys
Joe Dane Law Office of Joe Dane

Re: 12021a

I wouldn't be looking at what the sentence is - in your situation, I'd be looking to fight the charges.

If what you've wrote is 100% accurate, you have a decent defense and should plead not guilty.

Of course, a thorough discussion of the facts in an in-person consultation with a criminal defense attorney would be necessary to get a better view on your situation.

But to answer your question, 12021 carries up to 3 years in state prison. What you'll get depends on the court, the DA and your entire criminal history.

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Answered on 6/04/09, 10:27 am
Terry A. Nelson Nelson & Lawless

Re: 12021a

A year in prison for each firearm and each round of ammo in possession. The magic words in your post were "almost 10 years". You didn't quite make it past the 10 year ban timeline. I can't understand why you would voluntarily provide them with evidence to convict you? At this point, get experienced counsel to represent you in presenting what defenses you have: "almost 10 years", not actually in your possession [until you went and picked them up for the pollce], etc. If serious about doing so, feel free to contact me. Firearms and 2nd Amendment law is one of my specialties.

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Answered on 6/04/09, 12:59 pm


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