Hey, quick question. Does anyone know what the max sentence for being a felon in possession of a firearm is in California? I heard it can get pretty intense, especially if you have a prior conviction. I’m also wondering if it gets worse if your previous conviction was for something violent. Any info on this would be helpful .
Good question! So, for a felon in possession of a firearm in California, you’re looking at a base sentence of 16 months to 3 years in prison. But if you’ve got a prior felony conviction, it can get a lot worse. For a violent felony, like robbery or assault, they might hit you with a ‘Three Strikes’ law which could mean 25 years to life if you have two violent felonies. Pretty crazy.
@Arlo
Wait, so if someone has a non-violent prior felony, they’re still looking at 16 months to 3 years? That’s not too bad, right?
Kai said:
@Arlo
Wait, so if someone has a non-violent prior felony, they’re still looking at 16 months to 3 years? That’s not too bad, right?
Yeah, for non-violent felonies, it’s still 16 months to 3 years. But the judge could give you the upper end of that range depending on the circumstances. So, it’s not a guarantee you’ll get the shorter sentence.
@Arlo
I read something about enhancements for gang-related possession too. Could that add more time?
Davi said:
@Arlo
I read something about enhancements for gang-related possession too. Could that add more time?
Definitely. If the possession is gang-related, they can add extra time under California’s gang laws, which could make things even worse. It’s not something to mess around with.
Wow, I didn’t realize it could get so serious with prior convictions. Does that mean even just one prior violent felony could double your sentence?
Drew said:
Wow, I didn’t realize it could get so serious with prior convictions. Does that mean even just one prior violent felony could double your sentence?
Yeah, exactly. If you’ve got one prior violent felony, your sentence could be doubled under the ‘Second Strike’ law, which means up to 6 years for just the possession charge. It’s pretty harsh.
I’m confused. What does the ‘Three Strikes’ law really mean for people with two prior felonies? Is it like life in prison automatically?
Fynn said:
I’m confused. What does the ‘Three Strikes’ law really mean for people with two prior felonies? Is it like life in prison automatically?
Yeah, that’s basically how it works. If you’ve got two prior serious felonies, you’re looking at 25 years to life in prison for any new serious crime, even possession of a firearm. It’s a tough law.
Does the type of firearm matter? Like, if it’s a handgun vs. a rifle or something?
Lex said:
Does the type of firearm matter? Like, if it’s a handgun vs. a rifle or something?
Good question! Generally, the penalty is the same regardless of the type of firearm. But there are situations where using or brandishing the firearm could add more charges or enhance the penalty.