Defending Against Illegal Fireworks Charges: Your Guide to Penal Codes in Los Angeles County, including Long Beach, Downey, Bellflower, and Torrance Courthouses
Introduction:
When fireworks celebrations cross the line into legal trouble, you need a skilled criminal defense firm by your side. If you find yourself facing illegal fireworks charges in Long Beach, Downey, Bellflower, or Torrance, understanding the applicable penal codes is crucial. In this article, we will explore the specific penal codes relevant to illegal fireworks in each of these courthouses, and explain how our expert legal team can defend your rights.
What Charges can you be facing?
Illegal fireworks offenses are addressed under the California Penal Code. The relevant sections include:
Penal Code 12677: This section covers the definition of dangerous fireworks, as well as the possession, sale, and transportation of illegal fireworks.
Penal Code 12700: It outlines the unlawful use, discharge, or ignition of dangerous fireworks in public or private places.
Specifically in Long Beach, you may be facing a policy push by the local City Council and the City Prosecutor to tamp down on illegal fireworks displays. A defendant may be facing a charge under LBMC Section 18.48.01 & 8.81: This section prohibits the possession, sale, manufacture, storage, use, and discharge of dangerous fireworks within the city of Long Beach. It outlines the specific types of fireworks that are considered dangerous and illegal. Penalties can include county jail time and criminal fines of $1000.
Our experienced attorneys are well-versed in these penal codes and can develop a strong defense strategy tailored to your case.
What penalties can you be facing?
Under Penal Code 12677, which addresses the possession, sale, and transportation of dangerous fireworks, the maximum penalty for a violation can vary depending on the specific circumstances of the case and the discretion of the court. As a misdemeanor offense, the maximum penalties typically include:
Imprisonment: A conviction for violating Penal Code 12677 can potentially result in a maximum jail sentence of up to one year in a county jail. However, it's important to note that actual sentences may vary and can be influenced by factors such as the severity of the offense, the defendant's criminal history, and any mitigating or aggravating circumstances.
Fines: The maximum fine for a violation of Penal Code 12677 can be imposed at the discretion of the court. The specific amount may depend on the severity of the offense, the defendant's financial situation, and other factors deemed relevant by the court.
Under Penal Code 12700, which addresses the unlawful use, discharge, or ignition of dangerous fireworks, the maximum penalty for a violation can vary depending on the specific circumstances of the case and the discretion of the court. As a misdemeanor offense, the maximum penalties typically include:
Imprisonment: A conviction for violating Penal Code 12700 can potentially result in a maximum jail sentence of up to one year in a county jail. However, it's important to note that actual sentences may vary and can be influenced by factors such as the severity of the offense, the defendant's criminal history, and any mitigating or aggravating circumstances.
Fines: The maximum fine for a violation of Penal Code 12700 can be imposed at the discretion of the court. The specific amount may depend on the severity of the offense, the defendant's financial situation, and other factors deemed relevant by the court.
What defenses are available to you?
Step one in any criminal defense case is to evaluate the legal defenses a client may have. In the case of illegal fireworks we may argue:
The client was not the person who possessed or had control of the fireworks; or
The fireworks were legal “safe and sane” fireworks that were properly purchased and used; or
The police discovered and seized evidence in violation of a client’s Fourth Amendment right against illegal search and seizure; or
The client a permit or license for the fireworks.
In any criminal case, it is important to provide context for a defendant’s conduct. By conducting a thorough interview with our clients, we are able to present a holistic picture of our clients and apply the relevant defense to our clients. We may be able to ask for a court’s discretion to allow a client to earn a dismissal through one of numerous avenues the California Penal Code has created through its various diversion statutes that may include judicial diversion, mental health diversion, or military diverison.
Conclusion:
When facing illegal fireworks charges in Long Beach, Downey, Bellflower, or Torrance, or anywhere else in Southern California, a strong understanding of the relevant penal codes is essential. At our criminal defense firm, we specialize in defending clients against such charges and have an in-depth knowledge of the penal codes applicable to each courthouse.
If you find yourself in legal trouble related to illegal fireworks, don't hesitate to contact our experienced attorneys. We will diligently analyze your case, craft a tailored defense strategy, and fight to protect your rights and future. Reach out to our firm today for expert legal representation.
