Assault with a Firearm

Assault is defined as the attempt, along with the means or apparent means, to commit a violent injury against a person. A firearm is a weapon that fires projectiles, such as bullets, at an intended target. Handguns, shotguns, semiautomatic weapons, and machine guns are all firearms.

Assault with a firearm occurs when an individual threatens a person with death or serious injury by using a firearm. It can be done face-to-face, from a distance, or from a moving vehicle. Assault with a firearm is classified as aggravated assault and can be convicted as a felony, depending upon the type of firearm used and the outcome of the assault.

A successful conviction may lead to a sentence of up to 1 year in county jail, up to 4 years in state prison, and/or a $10,000 fine. If the attempt was against a peace officer, or if a more powerful weapon – such as a machine gun or semiautomatic rifle – was used, the sentence can be amplified to up to 12 years in state prison and heavier fines.

Three Strikes

In California, the Three Strikes Law plays a major part in all felony convictions. If a person is convicted of three violent felonies, he or she will face a state prison sentence of 25 years to life. As a result, previous felony convictions on an accused individual’s record will make all the difference in his or her case.

If you have been accused of assault with a firearm, an excellent defense is the only safety net you can rely upon. It is imperative that you contact our law offices immediately to receive the attention and dedication your case deserves.

Contact the Law Offices of Barry Bernstein regarding your case today!