A felon in possession of a firearm or ammunition is a serious crime in Vista and throughout California. A felon is anyone who has ever been convicted of a felony that was not reduced to a misemeanor, even if it was expunged as a felony. Possession does not mean ownership but simply control or right to control the firearm personally or through another, even if the firearm does not work.
In any felon in possession of a firearm case, it depends on the facts and circumstances of the defendant and firearm or ammunition. It is important to know where the guns/ammo were located, did the defendant know where they were there, did he have access to the guns or ammo even if they were not his. Clearly it is important that the guns/ammo are not his and someone else takes responsibility for them, but actual ownership by another does not necessarily exonerate the defendant. Whether a Jury would convict a felon depends on the circumstances, knowledge, location and access of the firearms and/or ammunition. There are other defenses to a possession charge if it was possessed, like momentary possession to dispose of the weapon or disarm someone committing a crime with the weapon
It is important to contact a local experienced criminal defense attorney as soon as possible, get statements, investigate, and try to talk to the D.A. even before filing to try to show why the case should be rejected if he has a defense. Christoph Law Offices have handled thousands of criminal cases over 40 years of combined experience and provide the highest level of profession and personal representation. Call 760-941-5720 for a free consultation. It is a felony, if convicted sentencing depends on prior record and a number of other considerations. Talk with an attorney who will explain options after hearing and knowing all the facts.
