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


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.

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