Assault & Battery 12032 PC (Loaded Firearm) Need Help...

[ThaEpitome]

I recently bought a shotgun as well as shells and a few dummy caps. I went to pick up my fiance, and her parents (who just found out about us) wouldn't allow it. They began to physically abuse her, I engaged them, and during the fight one of her family members had stolen the shotgun, shells, and handcuffs out of my vehicle (Im a Bounty Hunter). The weapon had not yet been filed for a CCW but it was legally registered. When the police recovered the weapon (a half hour later) it was loaded. The cops then arrested me on a misdemeanor carring a loaded firearm charge because I was aware of how many shells the shotgun can hold. (due to what the dealer of the gun told me.) ALL of the member in her family deny obviously ever loading the weapon. Is there any defense, or way I can avoid this case going to trial (Prelim is soon). Thanks.

 

[CdwJava]

I went to pick up my fiance, and her parents (who just found out about us) wouldn't allow it.

How old is your "fiance'"? If she is an adult, they have no say in the matter. From what you describe, I am assuming she is a minor ... if that's the case, you will be in a bad, bad way.

They began to physically abuse her

What does THAT mean??

The weapon had not yet been filed for a CCW but it was legally registered.

You don't need a CCW for a shotgun in CA.

Is there any defense, or way I can avoid this case going to trial (Prelim is soon). Thanks.

You can talk to your attorney and see about the viability of raising reasonable doubt that the weapon was loaded. I'd say there is room for doubt there ... unless there are a number of witnesses that said all he did was take the weapon and hide it so you couldn't get it.

How was the ammo stored if not in the weapon? A box? A bag? How? Was that container also recovered? If the container was still in your car or not found, that hurts your story.

So, how old is this girl? If an adult, is she charging assault charges against her parents? Do you face other charges beyond the 12032?

- Carl

 

[ThaEpitome]

My fiance is 21, and by physically abusing her I meant that they dragged her to the curb by her hair and began beating her. Their were no other charges filed. The shells were in a box that was never recovered at the scene. I have no clue what happened to the box, However I hope to hang the jury with the doubt about the ammunition. The witnesses are all middle eastern and only one has a clear understanding of what the hell is going on. She refueses to file against her own parents...

 

[CdwJava]

My fiance is 21, and by physically abusing her I meant that they dragged her to the curb by her hair and began beating her. Their were no other charges filed. The shells were in a box that was never recovered at the scene. I have no clue what happened to the box, However I hope to hang the jury with the doubt about the ammunition. The witnesses are all middle eastern and only one has a clear understanding of what the hell is going on. She refueses to file against her own parents...

Hopefully she will testify on your behalf. If she backpedals and accuses of you being the aggressor, or in possession of the loaded weapon, you may very well be stuck.

Consult local counsel for the best way to proceed.

Oh, and the offense is PC 12031(a) - not 12032.

- Carl

 

[ThaEpitome]

I appreciate your help. I know she won't accuse me of being the aggressor, but her credibility is shot due to her bias in the matter. Thank you for your time.