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Penal Code 25800 PC | Armed Criminal Action
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Penal Code 25800 PC – Armed Criminal Action in California
Carrying a loaded gun is serious business in California. Penal Code 25800 PC makes it a crime to carry a loaded firearm with the intent to commit a felony. This offense is known as “armed criminal action.” Let’s break down what this law means and what the penalties are if you’re charged.
What Does PC 25800 Prohibit?
This law has two main parts:
- You carry a loaded gun
- You intend to commit a felony crime
Both elements need to be present for prosecutors to charge you under PC 25800. Carrying a loaded gun by itself is not enough. You need to have the intent to commit a felony too, like robbery, assault, etc.
What counts as a “loaded” firearm? The ammo doesn’t need to be in the chamber. Just having bullets in the magazine is enough to qualify under this statute.
What Are the Penalties?
Armed criminal action is a “wobbler” under California law. Prosecutors have discretion to charge it as either a misdemeanor or felony.
If charged as a misdemeanor, the penalties are:
- Up to 1 year in county jail
- A max $1,000 fine
As a felony, the punishment is:
- 16 months, 2 years or 3 years in state prison
- A max $10,000 fine
Prosecutors and judges consider your criminal history when deciding misdemeanor vs. felony treatment. The more priors you have, the likelier they’ll come down hard with a felony charge.
Legal Defenses to PC 25800 Charges
Just because you’re arrested under this statute doesn’t mean you’re guilty. An experienced California gun crimes defense lawyer can often get charges reduced or dismissed. Common defenses include:
You Lacked Criminal Intent
Recall that PC 25800 requires you to have the intent to commit a felony. What if you were just peacefully carrying your loaded gun without any criminal purpose? Maybe you were headed to the shooting range and forgot to unload. Or you have a CCW permit and carried by mistake.
If your lawyer can show you didn’t have any intent to commit a crime, then you aren’t guilty under this law.
No Felony Was Committed
Prosecutors have to prove there was an underlying felony you intended to commit. If there’s no evidence you planned or committed any felony, then PC 25800 charges should not stick.
You Have a Valid CCW Permit
Penal Code 25400 makes it lawful to carry a loaded concealed gun with a valid CCW license. This is a defense to accusations of illegally carrying a loaded firearm under PC 25800.
Illegal Search & Seizure
How did the police find your loaded gun? Was it through an illegal search without probable cause? If officers violated your 4th Amendment rights, the evidence can be excluded. This destroys the prosecution’s case.
Self-Defense
You can legally carry a loaded gun for self-protection in California. The right to self-defense is enshrined in Penal Code 198.5. If you grabbed your loaded gun in response to an imminent threat, that’s not criminal intent.
Here are some other gun crimes that prosecutors often charge along with PC 25800:
Penal Code 25850 PC – Carrying a Loaded Firearm
This statute makes it a misdemeanor to carry a loaded gun in public without a valid CCW permit. It applies to situations where you don’t have intent to commit a felony.
Penal Code 25400 PC – Carrying a Concealed Firearm
It is a crime to carry a concealed loaded gun on your person or in a vehicle without a CCW license. This is a wobbler offense punishable by up to 3 years in jail.
Penal Code 29800 PC – Felon with a Firearm
Convicted felons are prohibited from owning guns in California. If you have a prior felony conviction and get caught with a firearm, you face felony charges under PC 29800.
Hiring an Attorney
Never try to defend PC 25800 charges without a lawyer. These are serious felony offenses that carry heavy prison sentences. An experienced criminal defense attorney can often get charges reduced or dismissed.
Look for a lawyer with proven success handling California gun crime cases. Ask about their track record getting charges dropped or reduced. Make sure they have expertise with pretrial motions to suppress evidence. This is crucial for getting illegal searches thrown out.
Most defense lawyers offer free consultations to discuss your case. This is your chance to ask questions and weigh your legal options. Don’t hesitate to contact multiple attorneys so you can compare credentials and fees.
With an aggressive defense, you can avoid harsh penalties for armed criminal action allegations. Don’t leave your future to chance. Get the strong legal advocacy you deserve.
References
[1] California Penal Code § 25800 – Justia Law
[2] California Penal Code § 25800 – FindLaw
[3] California Penal Code § 25800 PC – Shouse Law Group
[4] PC 25800: Armed Criminal Action – IE Criminal Defense
[5] CA Penal Code Section 25800 – California Public Law
[6] PC 25800: Armed Criminal Action – California Criminal Defense Lawyers