Firearm Offense Attorney in Orange County

Authority of Prosecutors and Judges in Weapons Offenses

The Supreme Court has established that judges must maintain some level of discretion in sentencing, even when provided with a range of permissible sentencing options. While acquittal may not be possible, a skilled attorney can still advocate for the imposition of the minimum sentence allowed by law. Without competent legal representation, you could face the risk of receiving severe sentences ranging from ten to twenty years or even life in prison for a weapons violation.

In practice, mandatory sentences for weapons offenses have resulted in a significant transfer of power from the judge to the prosecutor. The prosecutor is responsible for determining the specific charges to be brought, including whether to seek a mandatory sentence or not, as there are often multiple ways in which an offense can be charged. This has resulted in the prosecutor having a considerable influence over the outcome of a case involving weapons offenses.

A proficient and veteran criminal law attorney can potentially influence the prosecutor even before charges are filed by pointing out the challenges in proving a specific set of charges. Through negotiations or legal strategies, the defense lawyer may be able to have certain charges dismissed or influence which charges are ultimately brought, even without reaching a plea bargain. This underscores the importance of skilled legal representation in navigating the intricacies of criminal charges and their potential impact on the outcome of a case.