California has some of the nation's most stringent firearm laws, making a gun crime charge a grave matter. A conviction can result in severe penalties, including mandatory prison time, substantial fines, and the permanent loss of your Second Amendment rights. These high-stakes charges require a defense that is both thorough and uncompromising.
I opened Law Office of Christopher Loethen because I saw a need for strong legal defense that didn’t come with barriers. Gun charges can upend lives, and I wanted to create a space where people could get help without delay, confusion, or financial strain.
I’ve spent nearly 20 years defending individuals against the state. That experience, along with my record of results, shaped how I approach every case. I work with focus, urgency, and a commitment to the person behind the charge.
I’m available 24/7 and offer virtual consultations. To schedule a free consultation with a gun crime attorney in Merced, CA, call (209) 546-6192 or contact me online.
Was My Arrest for Gun-Related Charges Legal?
Many gun crime cases begin not with the alleged crime itself, but with the police search that uncovered the firearm.
The Fourth Amendment to the U.S. Constitution protects you from unreasonable searches and seizures. If law enforcement violated your rights during a stop or search, any evidence found may be suppressed, which can lead to a dismissal of your case.
The first thing I analyze is the legality of the police conduct. Did the police have the right to stop you? Did they have the right to search you, your vehicle, or your home? Generally, police need a warrant to conduct a search. While there are exceptions, such as items in "plain view," they must have a lawful reason to be in the location where they view the item.
An officer cannot stop you on a mere hunch. They need "reasonable suspicion" of criminal activity to detain you and probable cause to arrest you or search your property.
If your constitutional rights were violated at any point, I will file a motion to suppress the evidence and challenge its use in court.
Examples of Gun Crimes in California
California law includes a wide array of gun crimes, ranging from simple possession offenses to violent felonies with sentencing enhancements. The specific charge you face will depend on the type of firearm, your prior criminal record, and how the weapon was allegedly used.
At Law Office of Christopher Loethen, I handle cases involving many state firearm charges, including:
Felon in possession of a firearm (PC § 29800). It is a felony for any person convicted of a prior felony to own, possess, or control a firearm. This is one of the most common and severely prosecuted gun crimes.
Carrying a concealed weapon (PC § 25400). Carrying a handgun concealed on your person or in a vehicle without a valid permit is typically a misdemeanor, but it can be charged as a felony under certain circumstances.
Carrying a loaded firearm in public (PC § 25850). It is a separate crime to carry a loaded firearm in a public place or on a public street. This can also be a misdemeanor or a felony.
Assault with a firearm (PC § 245(a)(2)). Committing an assault on another person with a gun is a violent felony that carries a potential state prison sentence.
"10-20-Life" sentencing enhancement (PC § 12022.53). This is not a separate crime but a sentencing enhancement that adds mandatory prison time if a gun is used during the commission of certain other felonies. This law adds 10 years for personally using a firearm, 20 years for firing it, and 25 years to life for causing great bodily injury or death.
How Law Office of Christopher Loethen Can Help Fight Your Gun Crime Charge
I begin every case with a full investigation of the facts and a close review of the prosecution’s evidence. The goal is to find weaknesses in their case and build a defense that protects your future.
I prepare every case for trial. That preparation strengthens your position and opens the door to better outcomes, including reduced charges or dismissal.
I start by examining the actions of law enforcement. If the firearm was discovered during an illegal search or seizure, I will file a motion to suppress that evidence. This can often lead to a dismissal or a significant shift in how the case proceeds.
I also challenge the element of possession. The prosecution must prove that you knowingly possessed the firearm. If the gun was found in a shared space, like a vehicle or home, we can argue that you were unaware of its presence or that it belonged to someone else. Simply being near a firearm is not enough to support a conviction.
Finally, I look at every detail to determine whether other defenses apply, such as self-defense or mistaken identity.
Call (209) 546-6192 or contact me online to schedule a free case consultation with a gun crime lawyer in Merced today.
