Penal Code § 20170 PC – Imitation Firearms – California Law
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Penal Code § 20170 PC – Imitation Firearms – California Law
Have you or a loved one been charged with displaying an imitation firearm in public? If so, you’re probably feeling worried and uncertain about what comes next. At Spodek Law Group, we understand how stressful this situation can be. Our experienced criminal defense attorneys are here to help guide you through the legal process and fight for the best possible outcome in your case.
What is Penal Code § 20170 PC?
Penal Code § 20170 PC is a California law that makes it illegal to openly display or expose an imitation firearm in a public place. But what exactly qualifies as an “imitation firearm” under this law? And what are the potential penalties if you’re convicted?Let’s break it down:An “imitation firearm” includes:
- BB guns
- Airsoft guns
- Replica firearms
- Toy guns that look realistic
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The key is that these items must be substantially similar in appearance to a real firearm. If a reasonable person would perceive it to be a real gun, it likely qualifies under this law.A “public place” means any area open to the public, such as:
- Streets
- Sidewalks
- Parks
- Stores
- Restaurants
Basically, anywhere outside of a private residence that other people can freely access.
Penalties for Violating PC 20170
If you’re convicted of openly displaying an imitation firearm in public, you could face:
- Up to 6 months in county jail
- A fine of up to $1,000
- Or both jail time and a fine
For a first offense, many judges will impose probation instead of jail time. But repeat offenses can lead to harsher sentences.Table: Potential Penalties for PC 20170 Violation
Penalty | First Offense | Repeat Offense |
---|---|---|
Jail Time | Up to 6 months | Up to 6 months |
Fine | Up to $1,000 | Up to $1,000 |
Probation | Likely | Less likely |
As you can see, even a first offense carries potentially serious consequences. That’s why it’s crucial to have an experienced attorney on your side. At Spodek Law Group, we’ve successfully defended many clients against imitation firearm charges. We know how to build a strong defense and fight for reduced charges or case dismissal whenever possible.
Legal Defenses to PC 20170 Charges
Just because you’ve been charged doesn’t mean you’ll be convicted. There are several potential legal defenses we can explore, depending on the specific circumstances of your case:
- The item wasn’t an “imitation firearm”: If the object doesn’t closely resemble a real firearm, it may not qualify under this law. We can argue that a reasonable person wouldn’t mistake it for a real gun.
- You didn’t “openly display” the item: The law only prohibits openly displaying imitation firearms. If it was concealed or only briefly visible, that may not meet the legal standard.
- It wasn’t in a “public place”: If the incident occurred on private property, we can argue it doesn’t fall under this law.
- You had a valid reason: In some cases, there may be legitimate reasons for having an imitation firearm in public (like transporting it to a sanctioned event). We can present evidence of your lawful purpose.
- Lack of intent: If you didn’t knowingly or intentionally display the item, that could be a valid defense.
- Constitutional violations: If police conducted an illegal search or violated your rights during arrest, we may be able to get evidence suppressed.
Our attorneys will thoroughly investigate your case to identify the strongest possible defenses. We’ll leave no stone unturned in fighting for your rights and freedom.
Why Choose Spodek Law Group?
When you’re facing criminal charges, choosing the right attorney can make all the difference. At Spodek Law Group, we bring decades of experience and a proven track record of success to every case we handle. Here’s why clients trust us with their legal defense:
- Expertise: Our attorneys have in-depth knowledge of California weapons laws and extensive experience handling imitation firearm cases.
- Aggressive advocacy: We fight tirelessly for our clients, challenging evidence and negotiating forcefully with prosecutors.
- Personalized attention: You’re not just a case number to us. We take the time to understand your unique situation and tailor our approach accordingly.
- Proven results: We have a strong history of getting charges reduced or dismissed for our clients.
- 24/7 availability: Legal issues don’t always happen during business hours. We’re here for you whenever you need us.
Don’t face these serious charges alone. Contact Spodek Law Group today at 212-300-5196 for a free consultation. Let us put our experience and dedication to work for you.
FAQs About PC 20170 – Imitation Firearms
Q: Can I be arrested just for owning an imitation firearm?A: No, simply owning an imitation firearm isn’t illegal under PC 20170. The law only prohibits openly displaying them in public places. However, there may be other laws restricting ownership or use in certain situations.Q: What if I didn’t know the item looked like a real gun?A: Your knowledge or intent can be a factor in these cases. If you genuinely didn’t realize the item closely resembled a real firearm, that could potentially be used as part of your defense strategy.Q: Are there exceptions to this law?A: Yes, there are some exceptions. For example, certain types of non-firing collector’s replicas or clearly marked props used in film production may be exempt. Our attorneys can review your specific situation to determine if any exceptions apply.Q: Can a juvenile be charged under PC 20170?A: Yes, minors can be charged with violating this law. However, juvenile cases are typically handled differently than adult cases. If your child is facing charges, it’s crucial to consult with an attorney experienced in juvenile defense.Q: Will a conviction affect my gun rights?A: A conviction under PC 20170 doesn’t automatically result in losing your right to own firearms. However, it could potentially be used against you in future firearms-related matters. It’s important to fight these charges to protect your rights.Remember, every case is unique. For personalized advice about your specific situation, don’t hesitate to reach out to Spodek Law Group. We’re here to help you navigate this challenging time and achieve the best possible outcome.
Conclusion
Facing charges for displaying an imitation firearm can be scary and overwhelming. But you don’t have to go through it alone. At Spodek Law Group, we have the knowledge, experience, and dedication to provide you with top-notch legal representation.We understand the nuances of California weapons laws and know how to build strong defenses against PC 20170 charges. Our team will work tirelessly to protect your rights, reputation, and freedom.Don’t let these charges derail your life. Contact Spodek Law Group today at 212-300-5196 for a free, confidential consultation. Let us show you why we’re one of the premier criminal defense firms in the country. Together, we’ll fight for the justice you deserve.