I’m a convicted felon who has been charged with constructive possession of a firearm. Do I have any defenses? California Penal Code Section 12021

Yes! In the recent case of The People v. Sifuentes et. al., the California Court of Appeal for the Fourth Appellate District overruled a firearms conviction against a convicted felon because the court held that the doctrine of constructive possession could not support the conviction where the defendant did not have the right to control the gun. To establish constructive possession, the prosecution must prove that you knowingly exercised a right to control the prohibited item, either directly or through another person. In other words, constructive possession may only be established when you knowingly exercise dominion and control over an item like a knife or a gun. Mere proximity to the weapon alone is not sufficient evidence of possession. Thus, if a firearm is discovered in the vicinity of where you are arrested or detained by the police, that fact, standing alone, will not constitute constructive possession in the eyes of the law.

In the aforementioned case, the defendant’s motel room was raided by the police and a .40 caliber semiautomatic handgun was found under the mattress next to the defendant. At the time, the defendant was sharing the motel room with an associate of his who was also arrested on related charges. Because the prosecution failed to prove beyond a reasonable doubt that either of the two defendants were about to use the gun in either an offensive or defensive manner, the court concluded that there was no basis to conclude that either had the right to control the gun. The mere possibility that one or the other might have had a right to exercise control over the gun did not by itself provide a basis to infer that the defendant with the prior felony conviction had a right to control it. If you are a convicted felon who has been charged with constructively possessing a firearm, you need to retain a skilled criminal defense attorney.

When you retain Wallin & Klarich to defend you from these serious felony charges, we can argue for a dismissal of the charges based upon these legal arguments:

1)    That you lacked knowledge of the firearm’s existence.
2)    That you did not have the right to exercise dominion and control over the gun.
3)    That there is no evidence to support the notion that the gun had been used or was about to be used either offensively or defensively.

To ensure that you have the best possible chance of prevailing against the state when your freedom and liberty is at stake, you need the legal expertise of an aggressive and skilled criminal defense attorney. At Wallin & Klarich, our attorneys have zealously represented our clients on all types of criminal defense matters for over 40 years and can help you achieve the best possible outcome in your matter. Call us today at 1-888-749-0034. We will be there for you when you call.