What are the consequences of a defendant's unlawful possession of an assault weapon?

California, United States of America


The following excerpt is from People v. Aguilar, E067357 (Cal. App. 2018):

The People base their argument on People v. Jones (2002) 103 Cal.App.4th 1139, which holds " ' "where the evidence shows a possession distinctly antecedent and separate from the primary offense, punishment on both crimes has been approved. On the other hand, where the evidence shows a possession only in conjunction with the primary offense, then punishment for the illegal possession of the firearm has been held to be improper where it is the lesser offense." ' " (Id. at p. 1143.) Here, the defendant's possession of the assault weapons in counts 3 and 4, and his possession of firearms by a felon in counts 5 and 6, appear on this record to be only in conjunction with the primary offenses, transportation of the assault weapons in counts 1 and 3, rather than antecedent to and separate from them. Although the People argue that defendant's unlawful

Page 7

Other Questions


When a defendant is convicted of possession of a deadly weapon with intent to commit an assault on another defendant, what is the diminished capacity defense? (California, United States of America)
What is the material facts underlying defendant's convictions for possession of a firearm and possession of an assault weapon? (California, United States of America)
Does a jury's acquittal of an assault with a deadly weapon constitute an acquittal on the assault charge or a finding of not guilty of assault with deadly weapon? (California, United States of America)
In what circumstances will the court impose a lesser sentence on a defendant who was convicted of assault with intent to murder and possession of an assault weapon, but who also has firearms enhancements? (California, United States of America)
Is a conviction for assault with a deadly weapon reduced from assault with deadly weapon to simple assault? (California, United States of America)
Does the current offense is possession of a firearm and possession of an assault weapon apply when the current charge is assault? (California, United States of America)
Can a defendant be punished for both illegal possession of a weapon and assault with a deadly weapon under section 654 of the California Criminal Code? (California, United States of America)
Can a defendant appeal against his convictions for possession of a firearm and possession of an assault weapon under section 654 of the Criminal Code? (California, United States of America)
What is the test for determining whether a prior assault with a deadly weapon was an assault with deadly weapon or an assault by means of force likely to produce great bodily injury? (California, United States of America)
What are the consequences of a jury finding a defendant guilty of assault with a deadly weapon and dissuading a witness? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.