California law prohibits the possession of a firearm for 10 years for certain types of misdemeanor convictions that involve violence or a threat of violence. Under Penal Code § 29805, the list of more than 30 violent misdemeanor convictions which trigger a prohibition on the possession of a firearm includes the following offenses:
- assault with a deadly weapon;
- battery with serious bodily injury;
- brandishing a firearm or deadly weapon;
- assault with force likely to produce great bodily injury;
- battery on a peace officer;
- sexual battery; and
- threats of bodily injury or death;
- possession of prohibited ammunition; and
- various crimes involving misuse of a firearm.
In California, crimes of violence include:
- “An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” (Pen. Code § 240)
- Assault with a deadly weapon requires proof only of an attempt to commit a violent injury upon the person of another. It does not require proof that an injury occurred.
- A defendant commits torture when he or she inflicts great bodily injury with the intent to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose. (§ 206.) Thus, the actus reus of torture is the actual infliction of great bodily injury.
- When a defendant commits the actus reus of torture, he or she is usually committing the actus reus of one or more other crimes as well, such as battery, infliction of corporal injury or attempted murder.
- In determining whether a credible threat occurred within the meaning of the stalking statute, the court must consider the entire factual context, including the surrounding events and the reaction of the listeners.
Attorney for Violent Crimes in Ventura, CA
If you are under investigation or were arrested for any crime of violence, contact an experienced criminal defense attorney in Ventura, CA, at Jay Leiderman Law.
Call (805) 654-0200 today for a free initial consultation.