Bakersfield Federal Gun Crime Lawyer

Bakersfield Federal Gun Crime Attorney

Federal gun charges threaten your freedom. Lengthy sentences and a lasting criminal record could have devastating repercussions on your rights, reputation, and professional life. It is easy to feel powerless in the face of these charges, but a Bakersfield federal gun crime lawyer can fight for a resolution that prioritizes your freedom.

At The Law Office of Victor Nasser, a deep knowledge of federal and California gun laws is met with an empathetic approach to each case. We are ready to help you navigate your federal gun crime charges and are committed to working tirelessly to achieve an optimal outcome.

What Are Federal Gun Charges?

Federal gun charges are charges that involve the violation of federal firearm laws and statutes. A gun crime lawyer can identify what laws may have been broken and what your options are for defenses that apply to your case. Some common charges include:

• Possession of a firearm by a prohibited person. Convicted felons, illegal aliens, and individuals who have a restraining order against them are all examples of prohibited persons.
• Possession of an illegal firearm. Possessing an illegal firearm, ammunition, or an unlicensed firearm is a felony. Examples include machine guns and illegally altering a firearm, such as by altering or removing the serial number or sawing off the barrel.
• Firearm trafficking. Trafficking includes the transport or sale of illegal firearms or ammunition. Additionally, selling to a prohibited person is illegal.
• Using or carrying a firearm during drug trafficking or a violent federal crime. The presence of a gun in a violent crime or drug trafficking compounds the severity. In 2024, 100% of these cases resulted in the convicted offender receiving a prison sentence.
• Possessing a firearm in a school zone. According to the Gun-Free School Zones Act, it is a felony to possess a firearm within 1000 feet of a school. A violation can include up to five years in prison, thousands of dollars in fines, and becoming a prohibited person.

What to Expect About Gun Charge Penalties

Gun charge penalties vary depending on the charges and the severity. A gun charge that involves a firearm being used or carried in a violent situation increases the penalties, as does a firearm being involved in another felony. In over 25% of cases of convicted firearm offenders in a 2022 report by the U.S. Sentencing Commission, a firearm was involved in facilitating another felony, such as drug trafficking.

Minimum penalties can be several years to a couple of decades. A prohibited person found in possession of a firearm can have a maximum of ten years in prison, yet it increases to a minimum of 15 years without parole if they have been convicted of three or more violent felonies. Working with a lawyer is your optimal chance of lowering your sentence or even having charges dismissed.

Why Hire a Bakersfield Federal Gun Crime Lawyer?

Firearm cases are a complex balance between state and federal laws and your constitutional rights. The legal complexity makes it easy to overlook details that can be used to build a strong case. A gun crime lawyer can:

• Protect against the use of illegal evidence. By understanding the complexity of your rights, such as against illegal search and seizure, a lawyer can identify illegally obtained evidence and file a motion to prevent it from being used against you in court.
• Examine evidence for flaws. A lawyer can examine evidence for procedural errors, like faulty warrants, and challenge prosecutors who may be lacking evidence or using unreliable witnesses to win the case.
• Create a strong defense. A lawyer can advocate for you, building a defense strategy that reflects the unique details of your case. Having a lawyer to create a plan can often result in lesser federal gun crime penalties.
• Interpret state and federal laws. An experienced federal gun crime lawyer understands how both California and federal laws apply to your case and will tailor their defense to fit the laws and statutes that are involved.

FAQs

Can a Gun Charge Be Federal?

Yes, a gun charge can be a federal crime. Federal gun laws often carry tougher gun charge penalties than state gun charges and can be tried in the U.S. District Court instead of within the state. When you hire a federal gun crime lawyer, they can help you identify if a crime violates state or federal gun charges, or both.

What Is the Difference Between Federal and California Gun Laws?

While all federal gun laws apply in California and elsewhere in the country, California laws expand the laws on prohibited persons. California laws add stricter regulations on waiting periods, magazine limits, and gun purchases within the State of California. A federal gun charge can overlap with violations of both state and federal gun laws.

Can I Own a Firearm After a Federal Gun Charge?

No, in California, felons have a lifetime ban from possessing a firearm. As a felon, you are a prohibited person, so possessing, selling, or receiving a firearm is a felony. It is possible by obtaining a pardon from the governor, but this method requires a history of good behavior and does not apply to all gun charges. It is rare and not guaranteed.

Can a Federal Gun Case Be Dismissed?

Yes. Federal gun charges can be dismissed, such as when evidence is obtained illegally or when illegal possession cannot be proven. Successful prosecution can include unlawful searches, revealing procedural errors, or unreliable witnesses. A Bakersfield federal gun attorney can identify these flaws and push for gun charges to be dismissed.

Contact The Law Office of Victor Nasser Today

Facing a federal gun charge is overwhelming, but you don’t have to face it alone. The Law Office of Victor Nasser understands the complexities of federal firearm laws and protects your rights throughout the investigation and trial. We are ready to act quickly to create a solid defense that can achieve an optimal resolution. Contact us today to learn how experienced legal representation can guide you through federal gun charges.