What to do regarding a defense against a weapons charge when the accussed’s fingerprints are not on the weapon?

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What to do regarding a defense against a weapons charge when the accussed’s fingerprints are not on the weapon?

I got charged for brandishing a weapon in a public place.The weapon was not found in my possession and it did not have my fingerprints only the prints of the individual that was pointing it at me are on the weapon. It’s my word against hers. What are my options and what type of time am I facing if convicted? Do I need a criminal lawyer? In Contra Costa County.

Asked on November 2, 2010 under Criminal Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think that it may be best for you to consult with an attorney in your area on the matter as you suggested.  From the way that you have explained the matter here it appears that you have a good case but all the facts need to be heard.  If your prints are not on the weapon then I would not be worried about the sentencing just yet.  Let your lawyer get through the evidence - or lack of evidence - and see where the chips may fall.  Are you sure that there are no witnesses (either for or against you)?  You stated that the charge was in a public place so you never know. You have to make sure that your attorney has all the information he or she needs to defend you.  Good luck. 


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