Criminal Defense

At The Davis Law Firm, led by firearms attorney Jason Davis, we provide aggressive and specialized legal defense for clients facing criminal firearm-related charges in California, leveraging our deep expertise in firearms law to protect your rights, freedom, and Second Amendment privileges. Our dedicated team offers comprehensive representation to individuals charged with violations involving firearms or dangerous weapons, navigating the complexities of California’s stringent penal codes with strategic precision. Below is an exhaustive list of criminal firearm-related case matters we can assist with, highlighting our unwavering commitment, creative defense strategies, and proven track record in securing favorable outcomes:

• Prefile Mitigation: We proactively engage with prosecutors and law enforcement before charges are filed, presenting mitigating evidence, negotiating to prevent charges, or securing lesser charges to avoid formal prosecution in firearms-related investigations.
• Unlawful Possession of a Firearm: We defend clients charged with possessing a firearm as a prohibited person, such as felons, domestic violence offenders, or those with mental health prohibitions, under Penal Code § 29800 or § 29805.
• Carrying a Concealed Firearm: We represent individuals accused of illegally carrying a concealed firearm without a valid CCW permit, fighting charges under Penal Code § 25400 to reduce or dismiss penalties.
• Carrying a Loaded Firearm in Public: We defend against charges of carrying a loaded firearm in a public place or vehicle, addressing violations under Penal Code § 25850 with tailored defense strategies.
• Brandishing a Firearm: We provide robust defense for clients accused of brandishing a firearm in a threatening manner, challenging intent and circumstances under Penal Code § 417 to avoid conviction.
• Discharging a Firearm: We represent clients charged with negligently or unlawfully discharging a firearm, such as in a public place or at an occupied building, under Penal Code § 246 or § 246.3, exploring defenses like accident or necessity.
• Possession of an Assault Weapon: We defend against charges of possessing or selling assault weapons banned under the Roberti-Roos Assault Weapons Control Act, addressing registration or exemption issues under Penal Code § 30605 or using tools like Penal Code §30800, which Jason Davis helped draft to provide an alternative to criminal prosecutions.
• Possession of High-Capacity Magazines: We defend against charges related to possessing, selling, or manufacturing magazines over 10 rounds, leveraging grandfathered exemptions or procedural errors under Penal Code § 32310, where proper.
• Illegal Firearms Sales or Transfers: We defend clients accused of unlawful firearms sales or transfers, such as private party transactions without a licensed dealer, under Penal Code § 27545, seeking to dismiss or reduce charges.
• Possession of a Silencer: We represent individuals charged with possessing a silencer, a felony under Penal Code § 33410, exploring alternative charges or defenses like lack of knowledge to avoid severe penalties.
• Possession of Dangerous Weapons: We defend against charges involving prohibited weapons, such as switchblades, nunchucks, or explosive devices, under Penal Code § 16590, challenging possession or intent.
• Ghost Gun Possession or Manufacturing: We provide defense for charges related to unserialized firearms or “ghost guns,” addressing compliance with serialization laws under Assembly Bill 857 and Penal Code § 29180.
• Firearms Possession During a Crime: We defend clients charged with possessing a firearm while committing another crime, such as drug offenses, seeking to sever charges or reduce enhancements under Penal Code § 12022.
• Armed Criminal Action Enhancements: We challenge sentencing enhancements for being armed during a felony, arguing against applicability or severity under Penal Code § 12022.53 to minimize prison time.
• Felon in Possession of Ammunition: We represent clients accused of illegally possessing ammunition as a prohibited person, defending against charges under Penal Code § 30305 with evidence-based arguments.
• Firearms in Prohibited Areas: We defend charges of possessing firearms in restricted areas, like schools or government buildings, under Penal Code § 626.9, exploring exemptions or lack of notice defenses.
• Domestic Violence Firearms Violations: We defend against charges of possessing firearms in violation of domestic violence restraining orders or convictions, addressing federal and state bans under 18 U.S.C. § 922(g)(9) and Penal Code § 29825.
• Straw Purchasing Defense: We represent clients accused of purchasing firearms for prohibited persons, challenging intent or knowledge under Penal Code § 27510 and federal law to avoid trafficking charges.
• Illegal Firearms Importation: We defend against charges of unlawfully importing firearms or ammunition into California, addressing interstate transport violations under Penal Code § 27560 or federal regulations.
• Possession of Short-Barreled Firearms: We provide defense for charges involving short-barreled rifles or shotguns, exploring lawful exemptions or measurement disputes under Penal Code § 33215.
• Criminal Threats Involving Firearms: We defend clients accused of making criminal threats with a firearm, challenging the specificity or immediacy of the threat under Penal Code § 422.
• Firearms Violations by Juveniles: We defend minors charged with firearms offenses, seeking diversion programs or reduced penalties under Welfare and Institutions Code § 602 and related statutes.
• Defense Against Federal Firearms Charges: We handle federal charges, such as possession by a prohibited person or interstate trafficking, under 18 U.S.C. § 922, coordinating with federal courts and agencies.
• Plea Negotiations for Firearms Charges: We negotiate with prosecutors to secure plea deals to lesser charges, such as misdemeanors like carrying a loaded firearm instead of felonies, to minimize consequences.
• Expungement of Firearms Convictions: We pursue expungement of eligible firearms-related convictions under Penal Code § 1203.4 to clear your record, though noting limitations on restoring firearm rights.
• Misdemeanor Reduction of Felony Charges: We seek to reduce felony firearms charges to misdemeanors, where applicable, to avoid lifelong firearm bans under Penal Code § 17(b).
• Sentencing Mitigation: We present compelling arguments at sentencing to reduce penalties, highlighting rehabilitation, lack of criminal history, or lawful intent to avoid harsh outcomes.
• Appeals of Firearms Convictions: We handle appeals of firearms-related convictions, identifying legal errors or constitutional violations to seek reversals or new trials.
• Post-Conviction Relief: We pursue habeas corpus petitions or other relief for wrongful firearms convictions, addressing ineffective counsel or new evidence to vacate convictions.
• Civil Rights Restoration Post-Conviction: We assist in restoring rights lost due to firearms convictions, navigating pardons or Certificates of Rehabilitation to lift firearm prohibitions, where possible.
• Firearms Forfeiture Defense: We contest criminal forfeiture of firearms, arguing for their return or challenging their connection to alleged crimes under Penal Code § 18000.

With The Davis Law Firm, you gain a relentless defender committed to protecting your freedom and rights in criminal firearm-related cases. Our unparalleled expertise in California’s firearms laws, combined with aggressive defense tactics and a client-centered approach, ensures you receive top-tier representation to fight charges and preserve your future. Contact us today at calgunlawyers.com to mount a powerful defense with confidence and resolve.