Being accused of possessing a firearm or ammunition as a convicted felon can expose a defendant to serious criminal penalties in California. In some cases, prosecutors file multiple charges arising from the same incident. This practice, commonly called charge stacking, can significantly complicate a criminal case, and increase a defendant’s potential sentencing exposure.
If you have been charged under California Penal Code § 30305(a)(1), continue reading this article and seek a qualified criminal defense attorney to start working on your defense strategy.
What Is California Penal Code § 30305(a)(1)?
California Penal Code § 30305(a)(1) makes it unlawful for anyone prohibited from possessing a firearm under specified California laws to own, possess, or have custody or control of ammunition. This includes individuals with qualifying felony convictions and certain others subject to firearm restrictions.
The law covers various types of ammunition, including bullets, cartridges, magazines, clips, and other qualifying projectiles. Importantly, prosecutors do not have to prove that the defendant possessed an actual firearm to establish an ammunition violation. They must generally establish that the defendant knowingly possessed or controlled ammunition and was legally prohibited from possessing firearms.
Is a Felon with Ammunition Violation a Felony or Misdemeanor?
A violation of § 30305(a)(1) is a wobbler offense, meaning prosecutors have discretion to charge it as either a felony or misdemeanor, depending on the circumstances and the defendant’s criminal history.
A misdemeanor conviction carries a potential sentence of up to one year in county jail and a fine of up to $1,000. A felony conviction carries a potential sentence of 16 months, two years, or three years, in jail under California’s realignment sentencing provisions, unless an exception requires state prison. The court may also impose a fine of up to $1,000.
Why Do Prosecutors Stack Ammunition Charges with Firearm Charges?
When law enforcement discovers both a firearm and ammunition, prosecutors may file separate charges under § 29800(a)(1) and § 30305(a)(1). This is known as charge stacking. Rather than pursuing one single offense, the prosecution alleges that the defendant violated multiple laws prohibiting firearm possession and ammunition possession.
This strategy can increase the number of criminal counts a defendant must defend against and potentially increase sentencing exposure. It may also give prosecutors additional leverage during plea negotiations. However, filing multiple charges does not automatically mean a defendant can receive consecutive sentences for every count.
How Does Charge Stacking Affect Potential Penalties?
Being charged with both firearm and ammunition offenses does not necessarily mean you can be sentenced separately for each crime. One important protection for defendants is California Penal Code § 654, which generally prohibits multiple punishment for offenses arising from the same indivisible act or course of conduct.
For example, if police find a firearm with ammunition already loaded inside it, the defendant may face separate charges for possessing the firearm and ammunition. However, the court may determine that both offenses resulted from the same conduct, meaning the defendant cannot be punished twice for essentially the same possession.
This distinction can make a significant difference in how much time a defendant faces. An experienced criminal defense attorney can examine how the firearm and ammunition were discovered, challenge the prosecution’s attempt to impose multiple sentences, and determine whether California Penal Code § 654 can prevent additional punishment.
Defending Against Stacked Criminal Charges
If you are facing charges under California Penal Code § 30305(a)(1) or related firearm offenses, obtaining experienced criminal defense representation is essential to protecting your rights and exploring every available defense. Facing multiple firearm and ammunition charges can have serious consequences, but multiple counts do not automatically translate into multiple prison terms.
For more than 25 years, the Law Office of Nic Cocis has provided dedicated criminal defense representation to individuals throughout Riverside County and Southern California. With extensive experience defending clients against felon-in-possession-of-ammunition charges and stacked firearm offenses, the firm understands what is at stake. Contact The Law Office of Nic Cocis to discuss your charges, understand your legal options, and learn how an experienced defense team can protect your rights and fight for the best possible outcome.
