An important witness in the high-profile chokehold incident that sparked sweeping protests in the United States has been charged with gun crimes shortly after the death of the unarmed civilian being arrested by police.

The witness, who is now a defendant in a gun crimes case, recorded the whole incident on video – which showed police officers confronting the deceased for allegedly selling untaxed cigarettes. The video also showed the deceased locked in a chokehold, a restraining move that is already banned in the U.S. The chokehold witness now claims that he was falsely charged with gun crimes by police, in retaliation for documenting the fateful incident.

Gun Crimes in Los Angeles

California residents are generally allowed to own guns, pursuant to the United States Constitution’s guarantee on the right to bear arms contained in the Second Amendment. State legislation such as the California Penal Code imposes limits on such rights to own and possess firearms by making it illegal to possess guns without having the appropriate license, or in certain locations. There are also certain crimes or conditions of probation that affect one’s right to own or possess a firearm. For instance, if someone is convicted of Domestic Violence, they are Federally prohibited from possessing a firearm. You should not that possession includes using a gun at a firing range or possessing ammunition.

Not all possession of firearms constitutes a gun crime. If you are accused of a gun crime or gun-related crime, you may be entitled to certain rights and defenses.

Gun Crime Defenses

Circumstances surrounding the discovery and arrest for an alleged gun crime can be a source of legal criminal defenses that may result in acquittal or lower penalties. Your criminal defense attorney can examine your case and determine issues such as:

  • The legality of the police officer’s acts of searching and seizing the alleged weapon
  • The location of the alleged weapon at the time of its discovery
  • Justifying circumstances (i.e. self defense)
  • Arresting officer’s compliance with the requirements of the Miranda doctrine

Importance of a Criminal Defense Attorney

Anyone accused of a gun crime or any crime in the United States has the constitutional right to be presumed innocent and may only be convicted of the crime charged upon proof of guilt beyond a reasonable doubt. The burden of proving the gun crime charge is upon the prosecution.

Your criminal defense attorney can weigh the evidence of the prosecution, develop defense strategies based on your evidence, and in appropriate situations, negotiate for a lower charge on your behalf.

In Los Angeles county, the Kestenbaum Law Group, APC, has more than three decades of criminal law experience, earning the distinction of “Preeminent Criminal Defense Attorney” from the LexisNexis and obtaining the highest AV Rating from Martindale-Hubbell.

David S. Kestenbaum’s experience as a prosecutor provides a distinctive advantage in the creation of effective gun crime defense strategies. Call us today at (818) 616-4312 to speak to a lawyer about your case.