Definition

Felon with a Firearm under California Penal Code Section 12021, is a criminal offense and it is normally filed as a felony. Felon with a Firearm is as its name suggests, when someone has any firearm in their possession, and that person is a felon, meaning they were previously charged with a felony. The law goes even further to define felons in this instance as:

·         Anyone with a previous felony conviction

·         Anyone who is addicted to narcotics

·         Anyone who has certain misdemeanor convictions listed in the code

According to penal code 12021, such individuals are prohibited from owning  or carrying a firearm.

Elements of the Crime

In order to take an Felon with a Firearm CPC 12021 case to trial, certain elements of the crime will have to be proven. This includes:

·         That the defendant had in their possession a firearm

·         That the defendant knew that this act was illegal

·         The defendant fell into the one of the categories above, but still went ahead to buy, own or receive a firearm

Punishments for CPC 12021

These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case.

When found guilty of being a Felon with a Firearm, it is usually filed as either a felony, which includes:

Felony  charges for Felon with a Firearm include up to sixteen months, two or three years in prison and up to ten thousand dollars in fines. The firearm will also be surrendered by the defendant.

Legal Defenses for California Penal Code 12021

A good lawyer can present many legal and valid defenses for Felon with a Firearm charges under California Penal Code 12021 to prove someone’s innocence. MacGregor and Collins is based in Orange County, California, and has successfully defended  those who were falsely accused of Felon with a Firearm. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Felon with a Firearm.

Learn more about other California Section Penal Codes here.