Firearm Assault Lawyer in California

Name: Bamieh & De Smeth PLC
Telephone: (805)643-5555
Price range: Free Consultation
Rating: 4.6

If you or a loved one is facing charges of assault with a firearm in California, you're likely feeling overwhelmed and uncertain about the future. California is known for its stringent firearm laws, and even without the intention to harm, being accused of this crime can carry severe consequences. Bamieh & De Smeth, PLC, a law firm specializing in criminal defense with its firearm assault lawyers in California, is committed to providing comprehensive support in this challenging situation and protecting your rights.

What Constitutes Assault with a Firearm in California?

In California, assault with a firearm is a serious offense, defined under Penal Code Section 245(a)(2). This law states:

Assault involves an attempt to commit a violent injury to someone else.
Firearms can include pistols, revolvers, shotguns, rifles, or any weapon that discharges a projectile by the force of an explosion or combustion.

Note the prosecutor does not need to prove that the defendant discharged the gun or that a person was injured.

The simple act of threatening or attempting to harm someone with a firearm can lead to charges. Some additional ways a prosecutor can apply assault with a gun are:

Shooting someone after discharging the weapon
Pointing a firearm in the person’s direction
Pistol-whipping the individual

Penalties for Assault With a Firearm in California

The penalties for assault with a firearm in California vary based on several factors, including the type of firearm used, the victim's identity, and the prior criminal history. Convictions can result in:

Felony Charges: This charge can carry state prison sentences of two to 12 years.
Fines: Substantial financial penalties up to $10,000.
Probation: Court-mandated supervision for individuals not serving prison time.
Three-Strikes Law: This charge is eligible for a strike under the three-strikes law.

These penalties may be more severe if the assault involved a victim, such as police officers or firefighters, or if a semi-automatic firearm, machine gun, or assault weapon was used.

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Founding Attorney, Partner Ron S. Bamieh

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Managing Attorney, Partner Danielle De Smeth

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Attorney & Partner Jennifer Yates

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Attorney Jason D. Frantz

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Attorney Anzac Jacobs

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Attorney Thelma Corsa

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Attorney Meghan Sherry

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Attorney Charlotte Krem

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Defenses Against Assault with a Firearm Charges

Every case is unique, and various defense strategies may be applicable depending on the specific circumstances. Some common defenses include:

Self-defense or defense of others: If you reasonably believed that you or someone else was in imminent danger of bodily harm, your actions may be justified.
Lack of intent: The prosecution must prove that you acted intentionally. If your actions were accidental or unintentional, it could significantly impact your case.
Mistaken identity: In some cases, eyewitness testimony can be unreliable. We can challenge the identification process or provide evidence of an alibi.
Illegal search and seizure: Suppression of specific evidence if law enforcement violated your Fourth Amendment rights during the investigation.

The Importance of Experienced Legal Representation

Facing assault with a firearm charge can be a harrowing experience. The complexities of California's gun laws and the serious nature of these charges make it crucial to have a knowledgeable and experienced firearm assault defense attorney on your side.
As your legal team, Bamieh & De Smeth will:

Thoroughly investigate the circumstances of your case
Identify and interview potential witnesses
Review all evidence, including police reports and any available surveillance footage
Consult with forensic experts if necessary
Negotiate with prosecutors to potentially reduce charges or penalties
Prepare a strong defense strategy tailored to your specific situation
Vigorously defend your rights in court if necessary

Client Successes Why Clients Choose Us

I cannot recommend Ron Bamieh and Anzac Jacobs highly enough.

I was wrongly accused of a misdemeanor charge. From the very beginning, Ron approached my case with incredible patience, empathy, and professionalism. He took the time to listen, understand my concerns, and explain every step of the legal process in a way that was clear and reass...

—Andrew C.

Exceptional skill and professionalism

Danielle De Smith handled our case against a school district in Ventura County with exceptional skill and professionalism. I initially approached the situation as a fiercely protective mother, ready to fight, but Danielle’s grace, expertise, and strategic approach proved fa...

—Krista Nowak

I would highly recommend the Law Office of Bamieh and de Smith!

We worked with Atty Jacobs to help us with an issue with our loved one and things could have been so much worse if we hadn’t of had his expertise and compassion. When you’re in a situation when you need help with a loved one, not only are you desperate but you’r...

—Eleanor Torres

Bamieh & Smith were awesome and would definitely recommend.

Mr. Anzac Jacob's was one of the best Lawyer I could've been blessed with. Top to bottom , Professional, honest, caring, and he has a great heart. He did his best for me. He never made me feel like he did not care about my situation, without Mr. Jacobs and Mr. Bamieh, I think I w...

—Frankie Estanol

I would recommend hiring Bamieh & De Smeth.

They are very transparent and up front with you regarding your matter. Never having any experience with the matter I hired them for, they explained everything that was happening, would be happening or could happen. Meghan Sherry took on our matter and made us free welcome and nev...

—Tammy Donovan

First time I met Ron he welcomed me with open arms.

His sincerity and willing to help me was shown immediately. Ron stood by my side, showed up for me and checked in on my emotional well being every step of the way. Not only is he a great lawyer but a genuine person who sees good in others and wants to help good people.
Words...

—Brandee Herrera

Professional, honest, and confident

From my initial conversation with Ron and his team, I was put at ease by their professionalism, honesty and confidence. He clearly described the process and what I could expect in the following months. He was thorough in his preparation and in court, he was calm and calculat...

—Jeff

Grateful for exceptional legal support with a better-than-expected outcome

I am so grateful to my neighbor who recommended this law firm. After being in a terrible accident where I was hit by a car on my bicycle, I wasn’t sure about contacting a lawyer, but after months and months of pain and frustration I decided to give them a call. I’m so...

—Susie Avchen

I highly recommend this law office.

From the moment I stepped in for my first consultation, I felt welcomed and reassured. The team is professional, compassionate, and truly listens to their clients. I left that first meeting with a sense of relief, knowing I was in capable and trustworthy hands. Thank you for your...

—S.B.

Amazing firm.

Ron is straight to the point and will give his honest opinion on the case. Very knowledgeable team that will do their best. I am personally impressed on how they handled my case. They gave me light at the end of a tunnel that seemed endless.

—John

Your Next Steps - Call Bamieh & De Smeth, PLC

If you're facing assault with a firearm charges in California, time is of the essence.

The sooner you involve a skilled criminal defense attorney, the better your chances of achieving a favorable outcome.

Remember, being charged doesn't mean you're guilty. You have rights, and we're here to protect them. Our team of experienced firearm assault lawyers at Bamieh & De Smeth understands the complexity of California's firearm laws. It has a proven track record of successfully defending clients.

Don't let fear or uncertainty paralyze you. Take action to protect your future. Contact our office today at (805) 643-5555 or online for a confidential consultation. We'll listen to your side of the story, explain your options, and work to achieve the best possible outcome for your case.

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