Penal Code section 23900 Felony Offense Negotiated from 16 Months State Prison Offer to 364 Days in County Jail and Gang Enhancement Dismissed!

Recently in Los Angeles County at the Burbank Courthouse a Complaint was filed against our client alleging that he violated Penal Code section 23900, Obliterating the Identification of a Firearm”, and Penal Code section 417(a)(2)(A), “Exhibiting a Concealable Firearm in Public”, with a gang enhancement pursuant to Penal Code section 186.22(d), committing a felony for the benefit of a criminal street gang.

Based on an eyewitness identification of our client by the victim allegedly shown the concealed firearm, law enforcement contacted our client near his residence. Our client’s mother then gave law enforcement permission to search the home and the described firearm was located in our client’s room with a scratched off identification.

The prosecution originally wanted our client to serve 16 months in state prison in exchange for pleading to Penal Code section 23900. Our client is not a United States citizen, he is an Lawful Permanent Resident (“LPR”), and potential immigration consequences from the conviction was of the upmost concern.

We had our client consult with an immigration attorney and it was determined that Penal Code section 23900 is an immigration neutral offense given the current status of the law. However, our client’s immigration attorney advised that the best resolution would be to avoid the 16 month sentence in state prison and try to negotiate for 364 days.

We were then able to negotiate with the prosecution to allow our client to plea to the Penal Code section 23900 offense with a 364 day sentence and the prosecution agreed to dismiss the other charge and the gang enhancement.

This is a great result that should avoid immigration consequences for our client and a state prison sentence!

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