I was recently charged with a felon in possession of firearms. will measure 47 help in avoiding any jail time?

5 views 6 answers
I was arrested for 29800 when the sheriffs came to my home in search of my ex husband with a warrant for his arrest for absconding. they found my sons guns in the home. I had no knowledge of the guns that are legal for him to possess. I posted 35,000 dollar bail, and my past criminal history I was convicted of a assault with a deadly weapon (the vehicle being the weapon) in 2000 and received a strike in a plea bargain and a petty theft w/prior in 1998. I have successfully completed probation and parole and a year of in house rehab. I have not been in any trouble in over 10 years. and have remained employed for the last 9 years for the same employer.

Attorney Answers

6
Jay Finnecy ·
Prop. 47 has no bearing on felon in possession of firearm cases. Only certain theft offenses and drug charges apply. Sorry. Hire an attorney in San Bernardino County for further assistance. I know of two excellent choices: Attorney James Dickinson and Attorney Matthew Murillo. Both are active on this site and both practice in your county.
0 upvotes
David Wallin ·
The charge is not effected by the new law, however, if the prior Felony can be reduced to a misdemeanor, than it is. So an experienced attorney should look into the prior 666 pc case, and see if that is effected by Prop. 47. criminal law offices, are going through all of our cases, to see which ones are reducible. We attorneys, offer FREE consultations, so make a call, and come into the law office, if they are local in the Antelope Valley, and speak to an experienced lawyer, face to face. I wish you well...... David Wallin
0 upvotes
Joseph Dane ·
Sorry - Prop 47 does NOT affect that charge. Even if your underlying felony was reclassified or redesignated as a misdemeanor, it would not affect your firearms rights.
0 upvotes
Dan Chambers ·
No, it will not help you for that charge.
0 upvotes
Jay Carl StoegbauerCriminal Defense AttorneyFullerton, CA ·
There seems to be a perception that Proposition 47 is the holy grail for felony convictions. It is not. There are a limited and specific cases that it applies to. A felon in possession of firearms is not one.
0 upvotes
Brian Russell MichaelsCriminal Defense AttorneyLos Angeles, CA ·
Prop 47 has zero impact on this fact pattern. That's a hard charge to defend against as it is easy to prove from a former DA standpoint. Do not take it lightly. Hire an attorney. Many of us offer free consults. Call around.
0 upvotes