What to do about a convicted felon and a shotgun on the premises?

When my husband was 16, he received 2 strikes for attempted murder. He served 10 years and has been out for another 10. He has been on good behavior, graduated college and is little league coach. Then, a couple of months ago, people were trying to come into our home. I have a shotgun that I bought. Since a shot was fired and he’s a convicted felon they want to give him 19 years with 80% served.

Asked on November 26, 2013 under Criminal Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You need to go and get counsel (private counsel) and fix this immediately. He was a convicted felon who served his time but he did not have restoration of his rights so he should not have been in possession of a firearm. If you shot, then you need to bring this up. If the firearm was yours, and he was claiming self defense of burglary, he had every right to defend his home. Something doesn't sound right so you need to get this dismised based on self defense.  Otherwise, he may wind up with that recommended sentence.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.