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:
- The accused knowingly possessed a firearm;
- The accused possessed knowledge of the firearm’s presence;
- At the time of possession, the accused had the intent to commit a felony;
- The firearm in question was loaded;
- 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
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 can be a daunting experience, with the potential consequences casting a shadow over many dimensions of your life. From the imminent threat of incarceration to the long-term impact on your career and immigration prospects, the stakes are undeniably high.
In such critical junctures, you need an advocate who combines a deep understanding of the law with a compassionate approach. At Inland Empire Defense, our Ontario PC 25800 attorney embodies this blend, having shielded countless individuals from the brunt of firearm-related charges, particularly those under PC 25800. Our experience is not just a testament to our expertise but also a beacon of hope for those ensnared in the complexities of the legal system.
Ensure that your voice is heard and your rights safeguarded. Reach out to our dedicated team at Inland Empire Defense by dialing 909-281-0391. Nestled in the heart of Ontario, we stand ready to be your bulwark against the intricacies of the justice system, providing you with legal representation you can trust.
