Nearly Two Decades on the Defense Side. Never the Prosecution’s.
California has some of the strictest firearm laws in the country. A gun charge in Merced County can mean mandatory prison time, substantial fines, and permanent loss of your right to own a firearm. How serious the charge is depends on the type of weapon, your prior record, and how the gun was allegedly used. Acting quickly matters: evidence degrades, witness recollections shift, and the decisions made early in a case shape everything that follows.
I opened Law Office of Christopher Loethen because I saw too many people facing serious charges without real representation. I started as a public defender and have spent nearly two decades standing only on the defense side. I’ve never prosecuted a case. Every instinct I’ve developed, every strategy I’ve built across ten thousand cases, is aimed at one thing: defending the accused.
Gun charges are part of a practice that includes murder, violent crimes, and other high-stakes felonies throughout Merced County. My record of results was built entirely through word of mouth, case by case. I work with focus and urgency because I understand what’s at stake for the person sitting across from me.
I’m available 24/7 and offer free consultations, including virtual options. To speak with a gun charges defense attorney in Merced, call (209) 546-6192 or contact me online.
Was My Arrest Legal?
Many gun cases don’t begin with the alleged crime. They begin with the stop, the search, or the seizure that uncovered the firearm. That’s where I start.
The Fourth Amendment protects you from unreasonable searches and seizures. Evidence found during an unlawful stop or search can be suppressed, and suppressed evidence can lead to dismissal or prompt the prosecution to significantly change course. Police generally need a warrant to search. Exceptions exist, including plain view, consent, and probable cause in vehicle searches, but each exception has legal limits that are frequently exceeded.
I examine whether police had the legal right to stop you, search you, search your vehicle, or enter your home. An officer can’t detain you on a hunch. Reasonable suspicion is required to detain, and probable cause is required to arrest or search your property. When those standards weren’t met, I file a motion to suppress the evidence and challenge its use in court.
California Firearm Charges I Defend in Merced
California Penal Code firearm statutes cover a wide range of conduct, and the charge you face depends on the specific facts of your case. Several of these offenses are wobblers, meaning the prosecutor can file them as either a misdemeanor or a felony based on your history and the circumstances. Others carry substantial mandatory prison time. Here are the charges I most commonly defend:
Felon in Possession of a Firearm (PC § 29800). Anyone previously convicted of a felony who owns, possesses, or controls a firearm commits a felony under this statute. It’s one of the most aggressively prosecuted gun crimes in California, and constructive possession, meaning legal control over a firearm even without physically holding it, is often the central dispute.
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 can be elevated to a felony under certain circumstances.
Carrying a Loaded Firearm in Public (PC § 25850). Carrying a loaded firearm in a public place or on a public street is a separate offense and can be charged as either a misdemeanor or a felony depending on the circumstances.
Assault with a Firearm (PC § 245(a)(2)). Assaulting another person with a firearm is a serious felony carrying a potential state prison sentence. With a generic firearm, the charge is a wobbler and can be filed as a misdemeanor or a felony. Assault with a semiautomatic firearm, machine gun, or assault weapon is always charged as a felony.
“10-20-Life” Sentencing Enhancement (PC § 12022.53). This enhancement isn’t a standalone charge. It attaches to certain underlying felonies and adds 10 years for personally using a firearm, 20 years for firing it, and 25 years to life if great bodily injury or death results. Those added years run consecutive to the underlying sentence. Under Senate Bill 620, judges have discretion to strike a PC § 12022.53 enhancement when doing so is in the interest of justice.
How I Fight Gun Charges in Merced
I begin every case with a full investigation of the facts and a close review of everything the prosecution has. The goal is to find the weaknesses in their case before they become problems at trial. I prepare every gun case as if it’s going before a jury in Merced County Superior Court, because that preparation can put you in a stronger position, whether the case resolves before trial or not.
Challenging the Search & Seizure
If the firearm was discovered during an illegal stop or search, a motion to suppress can remove that evidence from the case entirely. Without the gun, the prosecution’s case can be significantly weakened.
Challenging the Element of Possession
To convict, the prosecution must prove you knowingly possessed the firearm. When a gun turns up in a shared vehicle, a shared home, or anywhere multiple people had access, that knowledge element is genuinely contested. Constructive possession cases require the prosecution to prove more than mere proximity. Being near a firearm isn’t the same as possessing one.
Additional Defenses
Beyond suppression and possession challenges, I examine every fact for other applicable defenses. Self-defense and mistaken identity are both viable arguments depending on the circumstances. I don’t foreclose any option before I’ve reviewed everything.
If you’re facing gun charges in Merced, don’t wait. Call (209) 546-6192 or contact me online to schedule a free consultation. I’m available 24/7.
