Domestic Violence With Firearms Attorney in Los Angeles

Domestic violence offenses in Los Angeles take on an even more serious dimension when a firearm is involved. Under California law, crimes involving firearms expose defendants to elevated charges, potential felony convictions, and stricter sentencing guidelines. When those crimes also qualify as acts of domestic violence, the stakes become even higher. A conviction can result in life-altering consequences, including a lifelong firearm ban, substantial fines, mandatory counseling, and significant jail or prison time. 

At Kraut Law Group Criminal & DUI Lawyers, our domestic violence attorneys understand how these charges are prosecuted and the defenses that may be available. The following overview will help you better understand the legal framework surrounding domestic violence offenses with firearms, the Penal Code sections that apply, the relevant jury instructions, and the potential sentences for a conviction in Los Angeles.

When a firearm is involved in an alleged act of domestic violence, one of the most common charges is assault with a firearm under California Penal Code Section 245(a)(2). This statute makes it unlawful to commit an assault upon another person with any type of firearm, which can include a pistol, revolver, shotgun, or rifle. For the prosecution to secure a conviction under Section 245(a)(2), they generally must prove that:

• The defendant acted with a firearm in a manner that would likely result in the application of force to another person.
• The defendant acted willfully.
• When the defendant acted, they were aware of facts that would lead a reasonable person to realize their act would probably result in the application of force.
• The defendant had the present ability to apply force with a firearm to the person.

There is no requirement that the defendant discharged (fired) the firearm. If the defendant merely pointed a loaded gun at an intimate partner, spouse, cohabitant, or other family member, that conduct may be sufficient to charge assault with a firearm. Unlike some lesser firearm offenses, assault with a firearm is considered a serious felony in California and can count as a “strike” under the Three Strikes law if a conviction is secured.

If the firearm involved was not loaded, the defendant may instead be charged with brandishing a weapon under California Penal Code Section 417. Brandishing a firearm is defined generally as drawing or exhibiting a firearm in a rude, angry, or threatening manner or using it in a fight or quarrel. This offense is often referred to as a “wobbler,” meaning it can be filed either as a misdemeanor or a felony, depending on the facts of the case and the defendant’s criminal history. If the offense is alleged as an act of domestic violence—meaning the victim is a spouse, cohabitant, or someone with whom the defendant has a current or former intimate relationship—the defendant could still be subject to the mandatory domestic violence sentencing requirements of Penal Code Section 1203.097 should they be convicted and granted probation.

Domestic violence is not limited to spousal abuse. Under California Family Code Section 6211, domestic violence can include abuse or threats of abuse against a spouse, former spouse, cohabitant, former cohabitant, fiancé, dating partner, or even someone with whom the defendant shares a child. Once a defendant is convicted of a domestic violence offense and placed on probation, the court must follow California Penal Code Section 1203.097. This law sets forth mandatory conditions of probation that include:

• A minimum term of probation of 36 months.
• A protective or restraining order that may prohibit any contact with the victim, or in some cases allow only peaceful contact (often referred to as a Level One protective order).
• Mandatory completion of a 52-week batterer’s intervention program.
• Payment of mandatory fines and fees, which can be substantial.
• Community service or community labor as deemed appropriate by the court.
• Possible jail time as a condition of probation, depending on the severity of the offense and the defendant’s criminal history.

If a person is convicted of a felony domestic violence offense with a firearm, California law generally imposes a lifetime prohibition on owning or possessing firearms. Additionally, federal law can prohibit firearm ownership for those convicted of misdemeanor crimes of domestic violence. Thus, even a misdemeanor conviction can trigger a federal ban on firearm possession.

Because assault with a firearm can be considered a serious felony, a conviction can lead to substantial prison time and may qualify as a strike under California’s Three Strikes law (Penal Code Sections 667 and 1192.7). The Three Strikes law significantly increases penalties for individuals with previous serious or violent felony convictions. If a defendant already has one strike on their record, a new felony conviction can subject them to a doubled sentence. If the defendant has two strikes, they faces a possible sentence of 25 years to life in state prison.

In criminal trials, the court will typically rely on the Judicial Council of California Criminal Jury Instructions—known as CALCRIM—to guide the jury on the elements of a specific offense. For assault with a firearm, CALCRIM No. 875 is generally used to outline what the prosecution must prove. This instruction explains the required mental state, the nature of the act, and how the firearm must have been used or exhibited. CALCRIM No. 875 also clarifies for jurors that actual injury is not required for a conviction. The prosecution only needs to show that the defendant’s act was likely to result in the application of force and that the defendant had the present ability to use the firearm in a harmful or offensive manner.

In domestic violence cases, the jury may also receive instructions defining the relationship between the defendant and the complaining witness. While the instruction itself is not numbered in the same way, the court may explain what constitutes a domestic relationship and how that impacts the mandatory conditions of probation or sentencing if the jury returns a guilty verdict.

When a person is convicted of assault with a firearm in a domestic violence context, the sentencing can vary depending on whether the offense is filed as a misdemeanor or a felony, as well as the defendant’s prior criminal history. A misdemeanor conviction for brandishing (Penal Code Section 417) could lead to up to one year in county jail, along with the mandatory conditions found in Penal Code Section 1203.097 if it qualifies as a domestic violence offense.

If the conviction is for a felony assault with a firearm, the prison term can range from two to four years or even more if there are aggravating factors. Once placed on probation (if probation is granted at all), the court will impose the mandatory domestic violence terms outlined earlier. Those terms can include the 52-week batterer’s program, community labor, steep fines, and a protective order limiting contact with the victim.

Additionally, if the court finds that the defendant personally used a firearm in the commission of the offense, the defendant may face firearm use enhancements under Penal Code Section 12022.5. This enhancement can add anywhere from three to ten years to the underlying prison term, depending on the specifics of the offense. In cases where great bodily injury is inflicted on the victim, further enhancements could apply, significantly increasing the potential sentence.

A domestic violence conviction almost always triggers a protective order under Penal Code Section 136.2 or Family Code Section 6211. This order may come in varying levels of restriction, from a stay-away order that prohibits all contact with the victim to a Level One protective order that allows peaceful contact for child visitation or other crucial interactions. Any conviction for felony domestic violence with a firearm also imposes a lifetime firearm ban under California law. Under federal law, anyone convicted of a misdemeanor or felony domestic violence offense could be banned from possessing firearms for life.

These restrictions are extremely serious. Violating a protective order or violating the terms of a firearm prohibition can lead to new criminal charges, additional jail time, or even a federal offense. For many individuals—especially those who rely on firearms for work in security or law enforcement—this prohibition can be career-ending.

Because of the severity of the penalties, securing an experienced domestic violence defense lawyer is critical if you have been accused of a domestic violence offense involving a firearm. An effective defense may include challenging the credibility of the witness or the evidence, demonstrating that the firearm was not operable or loaded, or showing that the defendant did not have the present ability to inflict harm. In some cases, a reduction of charges from assault with a firearm (a strike offense) to brandishing (a non-strike offense) may be a top priority. Early intervention by a skilled defense attorney can sometimes result in lesser charges or even the dismissal of charges if the prosecution’s evidence is found to be insufficient or flawed.

Los Angeles courts and prosecutors often take an aggressive stance on domestic violence, especially those involving firearms. High-profile incidents and local policies can intensify the scrutiny on these cases, making it all the more important for defendants to be proactive in their defense. Seeking legal counsel immediately after arrest is the best way to protect your rights, explore possible defenses, and position yourself for a favorable resolution.

At Kraut Law Group Criminal & DUI Lawyers, we bring a thorough understanding of the prosecutorial mindset to each case because Michael Kraut is a former Deputy District Attorney with more than 14 years of prosecutorial experience. This background enables us to anticipate the prosecution’s tactics, negotiate effectively, and advocate for our clients in court with insight and tenacity.

A domestic violence offense with a firearm can mark a turning point in a person’s life, with consequences that last for years—or even a lifetime. The combination of a domestic violence context with the use (or alleged use) of a firearm triggers some of the harshest penalties in the California Penal Code, including potential strike convictions and the loss of gun rights. The mandatory sentencing provisions of Penal Code Section 1203.097 apply to all domestic violence offenses where a defendant is placed on probation, and a felony conviction can close the door on many future opportunities.

If you or someone you know has been arrested for a domestic violence offense involving a firearm in the Los Angeles area, you must seek qualified legal counsel as soon as possible. The early stages of a case are often the most critical, as the defense may have opportunities to negotiate with prosecutors, gather mitigating evidence, and challenge the credibility of the complaints or police reports.

Kraut Law Group Criminal & DUI Lawyers is dedicated to representing individuals facing these serious allegations. We understand how to evaluate evidence, build a strong defense, and advocate for the best possible outcome. We have successfully handled numerous domestic violence and firearm cases, often resulting in reduced charges or dismissals.

For more information about domestic violence offenses with firearms in Los Angeles or to schedule your free consultation, call us 24/7 at 888-334-6344 or 323-464-6453. You can also reach out through our online contact form to set up a free initial consultation. Our team is here to answer your questions, discuss potential defenses, and protect your rights every step of the way. We are committed to delivering the highest level of legal representation to ensure your future is safeguarded against the severe consequences of these charges.