PC 25800: Armed Criminal Action

Legal Definition: “(a) Every person who carries a loaded firearm with the intent to commit a felony is guilty of armed criminal action.”

To establish guilt under PC 25800, the prosecution must satisfy the following requirements beyond a reasonable doubt:

1. The accused knowingly possessed a firearm;
2. The accused possessed knowledge of the firearm’s presence;
3. At the time of possession, the accused had the intent to commit a felony;
4. The firearm in question was loaded;
5. The accused was aware of the firearm’s loaded state.

Given my experience, expertise, and authority in legal matters, I can assure you that these elements must be meticulously proven in order to secure a conviction under PC 25800.

What does this mean?

A firearm is any device specifically designed as a weapon, expelling a projectile through a barrel using the force of an explosion or combustion. The possession of both a firearm and ammunition, ready to be discharged, constitutes a loaded firearm. Carrying a firearm involves having it physically on one’s person or easily accessible for purposes of offense or defense.

This legal context is applicable to any felony under consideration. Should an individual carrying a firearm be apprehended while in the act of committing or attempting a robbery, they can be charged with armed criminal action. It should be noted that only specific felonies apply here; for instance, carrying a firearm while committing a DUI, typically classified as a misdemeanor, would not fall within the purview of this particular section.

Penalties

A conviction under PC 25800 is a wobbler offense. This means you can be charged under this section as a misdemeanor or as a felony offense. Whether the charge is a misdemeanor or a felony depends on your criminal history and the specific facts of your case. A felony conviction under this section can send you to State Prison for upwards of 16 months, 2 or 3 years. You would be required to serve at least 50% of that time in custody. If you are convicted of a misdemeanor offense, then you can be sentenced to up to one year in County Jail. You could also be subject to fines and fees, a stay-away order from the area, as well as a loss of the firearm, even if you lawfully purchased it.

This is not a strike offense under the California Three Strikes law, and it is not a Sex Offense under PC 290. You could also face a loss of your Professional License if convicted, and if you are not a legal resident, you would face Deportation in Immigration Court since this offense could be considered an aggravated felony under Federal Law, it is a crime of moral turpitude and is a deportable crime because it involves firearms.

Common Defenses

1. Statute of Limitations
2. Violation of Rights
3. Insufficient Evidence
4. Entrapment

This charge necessitates a knowing possession of a loaded firearm. If an individual possesses an intent to commit a felony, yet lacks awareness of the firearm’s presence, they may potentially face guilt under this provision. To illustrate, envision a scenario where an individual unknowingly has a firearm placed in their bag before embarking to engage in criminal activity of which they are unaware. In such a situation, the available evidence may be insufficient to substantiate guilt for this offense.

Entrapment occurs when law enforcement officers, or their agents, employ coercive tactics intended to induce or facilitate the commission of a crime. For instance, if an undercover police officer persistently requests or manipulates you into carrying out a felony involving a loaded firearm, by means of repeated appeals to your sympathy or friendship, and you subsequently commit the crime due to the overpowering nature of their conduct, it could be argued that the police officer’s actions constituted entrapment. It is crucial to emphasize that the idea to commit the crime must originate from the mind of the police officer and not your own, in order for this defense to be successfully employed.

Call Today

Facing charges under PC 25800, concerning carrying a loaded firearm in public, presents not only an immediate concern of potential incarceration but also a long-term threat to various aspects of your life, including your career and immigration status. The gravity of these charges necessitates a defense that is both deeply knowledgeable about the law and profoundly understanding of your personal circumstances.

Inland Empire Defense, led by our skilled Ontario PC 25800 attorney, offers exactly that blend of expertise and empathy. Our history of defending individuals against firearm-related charges, especially under PC 25800, serves as a testament to our capability to navigate the legal challenges you face. Our approach goes beyond mere legal defense; we aim to be a source of hope and reassurance as you navigate through this trying time.

Why Choose Inland Empire Defense for PC 25800 Defense?

• Expertise in Firearm Law: Our focused experience with PC 25800 and related firearm legislation ensures your defense strategy is informed by comprehensive legal knowledge and a nuanced understanding of such cases.
• Proven Track Record: The numerous individuals we have successfully defended bear witness to our ability to effectively manage and contest firearm-related charges, securing outcomes that protect our clients’ futures.
• Compassionate Representation: We understand the stress and fear that accompany criminal charges. Our commitment is to not only defend your legal rights but also to ensure you feel supported and heard throughout the process.

Your Advocates in Challenging Times

At this critical juncture, it’s crucial to have an advocate by your side who can navigate the complexities of PC 25800 charges with precision and care. Inland Empire Defense, conveniently located in Ontario, is prepared to offer the legal support and representation you need during this challenging time.

Contact Inland Empire Defense Today

Don’t face the legal system alone if you’re dealing with PC 25800 charges. Reach out to Inland Empire Defense at 909-939-7126 for dedicated and compassionate legal representation. As your advocates, we’re committed to ensuring your rights are protected and your voice is heard, providing a beacon of hope and expertise when you need it most.