Top Tier Gun Charges Defense Attorney
Criminal Gun Charge Lawyer
Former District Attorney Office Experience!
☎️ Call Matthew Directly at 310-527-4100
Los Angeles County is one of the top jurisdictions in the country for arrest and prosecution of gun crimes. One of the top reasons for the aggressive enforcement of these types of criminal charges is the liberal political climate and a very active gang infested environment which leads to a heavy handed approach towards illegal gun possession. Indeed, California in general has some of the most restrictive laws on gun ownership.
If you have been arrested and charged with a gun offense and are facing a Court date you need a Top Tier attorney with over 25 years experience, Matthew Ruff has been fighting and winning criminal charges involving firearms for two decades. The United States Constitution allows for the freedom to bear arms which translates into the legal right to own and possess firearms and guns. However, there are restrictions which are codified into the criminal laws of California. Among the many Penal Code offense that good people are arrested for include PC 12025, 12031 and PC 245. Gun possession is seen as a bigger problem in metropolitan Los Angeles where violent crimes involving gang members and felons are seen as a big evil. Los Angeles Criminal Lawyer Matthew Ruff has personally defended hundreds of gun and weapons violations over the course of his near 30 year career.
A very frequently charged crime in Los Angeles County is that of Assault with a Firearm or Penal Code 245. This offense requires there be some conduct on the accused that puts the victim in apprehension while armed with a gun. A common issue is whether the gun needs to be loaded or not in order to constitute the crime of ADW-firearm. The answer is yes, the gun must be loaded or be used as a bludgeon in order to meet the definition of ADW with a Firearm. If the gun is unloaded the crime may be brandishing or simply assault however. Matthew has litigated this issue extensively.
Recently, the laws in California changed to now allow Judges to dismiss gun enhancements in the interests of Justice, this can save a person from years of incarceration.
Matthew can be reached directly at (310) 527-4100
Highest Success Rate
In February of 2024 Matthew was sought out to defend a client arrested in Long Beach California for having a felony concealed firearm in a vehicle (PC 25400a1) and felony carrying a loaded handgun not registered to him in a vehicle (PC 25850A) and DUI. The two felony gun charges were the biggest concern in that the client had a minimal criminal history and did not want to be stigmatized as a convicted felon. Matthew understood these concerns and set out to get the charges dismissed. He met with the DA , who he has known for 20 years, and discussed a potential resolution. He got the Judge involved in the conversation and was able to strike a deal for a misdemeanor with 1 year probation. ALL FELONY CHARGES DISMISSED!
Matt recently defended a client arrested at LAX Airport after officers were dispatched to 300 World Way TSA screening lane seven for a possible prohibited firearm. LAPD officers were met by a TSA screener who claimed to have observed the image of a firearm while conducting a screening of passenger luggage. A search of the bag was conducted and officers discovered a Smith & Wesson MP 9 Shield handgun, loaded with a white metal magazine containing 8 bullets. The client was arrested and booked for Penal Code 25400 (a)(2). He was given a Court date on the gun charges. Prosecutors later charged him with Unlawful Carry of a Concealed Firearm and Carrying a Loaded Firearm in a public place (PC 25850A). Matt got started with a plan to get the charges dismissed and the client's record cleared. He met with the Los Angeles City Attorney and put together a mitigation package. He later filed a Motion To Dismiss the charges in Court, LAX Courthouse. The Judge granted the motion and the client had ALL CHARGES DISMISSED in Div 92 of the Airport Courthouse on August 8, 2023.
Matthew was hired recently to defend a client arrested after the Los Angeles Sheriff's Department executed a search warrant on his home in Whittier California. During the search several firearms and ammunition was found in the client's bedroom, including the closet and nightstand. Some of the weapons seized were illegal assault rifles and "ghost guns" without serial numbers. One significant problem the client was facing is the fact he had numerous felony convictions that dated back 20 years. The client was charged with Possession of Assault Weapons (PC 3065A), Possession of an Obliterated Firearm (Penal Code 23900F), Possession of High Capacity Magazines (Penal Code 32310A), Ex-Felon in Possession of a Firearm (PC 29800A1). Bail was set at $250,000.00. Matt immediately got into Court and was able to reduce bail significantly and the client was released. Next, Matt put together a mitigation package and defense statement and reached out to The District Attorney. A resolution was reached involving NO JAIL TIME, NO COMMUNITY SERVICE and 1 year probation on August 16, 2023 in Los Angeles Superior Court, Norwalk.
On September 15, 2023 a Judge granted Matthew's motion to dismiss on a gun case in Los Angeles Superior Court, Div 92. The case stemmed from an arrest at the LAX Airport when the client was passing through a TSA checkpoint. The agent saw an image on the X-Ray machine that resembled a gun, he selected the bag for a secondary bag check and discovered a gun inside the backback. The LAPD were called and officers seized a Smith & Wesson FNS40, 40 Caliber semi-automatic handgun, fully loaded with 12 rounds of live ammunition. An arrest was made for violations of Penal Code 25850(A), possession of a loaded firearm in Public and PC 25400, possession of a concealed weapon. The client was not a resident of California so Matt made all of the appearances in the case, the client never had to travel back to Los Angeles for any of the Court appearances. Case Dismissed!
Matt got ALL CHARGES DISMISSED on August 23, 2021 in El Monte Court for a client charged with possession of a loaded concealed firearm in a motor vehicle. The case stemmed from a 911 call that was made by the girlfriend who believed the client was in trouble and may need help. Los Angeles Sheriff deputies arrived and observed 2 loaded guns in the vehicle. Matt got creative with the District Attorney and negotiated a dismissal of all counts, keeping the client's record clean which was important because the client was not a U.S. citizen but here on a student visa.
Matthew was called upon to defend a client charged with unlawful possession of a concealed firearm in Los Angeles California. The client was passing through the LAX Airport when he was flagged by TSA. The officers called LAPD and they discovered a Glock Loaded Semi-Automatic in his carry-on bag. The client was arrested and given a Court date. He reached out to Matt for help. Matt immediately got started on the case by obtaining all reports and discovery, thereafter he contacted the LA City Attorney and commenced a negotiation to get the charges dropped. Finally, Matthew filed a motion in court to get all charges dismissed and off the record. In early 2023 the Judge agreed with Matthew Ruff and DISMISSED ALL CHARGES! The client lived outside California so Matt handled everything.
Matthew was successful in a Santa Clarita Gun Case involving a loaded concealed handgun in a motor vehicle and possession of an assault weapon. The charges were brought after the client was pulled over for having expired registration near Valencia California. The LASD arrested the client and he came in and hired Matt. A motion was filed by the attorney seeking to have all charges dismissed and the client's arrest record sealed, this motion was granted by Judge Gary Micon in the Newhall Court.
Matthew was hired by a client arrested for possession of a firearm while at the Burbank Airport. The client forgot she had a pistol in her luggage and entered the TSA security clearance where the gun was discovered. She was issued a citation and given a Court date. Matt immediately contacted the City Prosecutors and negotiated a deal that got the charges dropped without having to go to Court.
Matt was retained by a client arrested while traveling through a Los Angeles Airport after TSA found a loaded concealed gun in his luggage. The client lived out of state and would be very inconvenienced to travel back to go to Court. Matt took over, went to Court for the client and negotiated a DISMISSAL OF THE CHARGES. The client never had to appear in Court.
Matthew represented a client arrested in Hawthorne for Felony possession of a loaded concealed handgun in a vehicle. The case was filed in the LAX Court. The car was stopped for not having license plates. Matthew fought the case and got the Felony charges dropped.
Recently, the Firm was hired by a young man arrested in Burbank for possession of a concealed, loaded UN-registered firearm in a vehicle. The charges stemmed from a traffic stop and culminated into a search of the client's car whereupon the handgun was found hidden underneath the front driver seat. The charges were a Felony and the client was concerned about his ability to keep his job. Matt met with the Burbank Prosecutor and worked out a dismissal of the charges, sparing the client a lifetime of embarrassment and consequences of a felony gun charge on his record.
In another noteworthy case Matt was retained by a resident of Washington State after he was arrested for possession of a handgun at the Burbank Airport. The client had no record and wanted to keep it that way. Fortunately, Matt was able to go to Court for the client saving him from costly travel expenses. Matthew negotiated a DISMISSAL of the charges after the client completed a gun safety course.
Matthew was also hired by a client arrested for carrying a concealed firearm and possession of a high capacity magazine in Los Angeles. The client was a professional with a clean record and wanted to keep it that way. Matt understood the seriousness of the case and met with the prosecution to arrange an outcome that would dismiss the charges and keep the clients record clean. He had the client attend a gun safety course and negotiated a dismissal of all charges after one year.
Loaded guns can often be found in cars and vehicles but the possession of firearms in a car can be illegal. The District Attorney will prosecute people who have guns even if the individual may have a legitimate reason to have the gun. For the most part, all criminal gun charges require two basic elements in order to convict. Number one, the prosecutor must prove that the defendant had knowledge of the gun, whether it be in a motor vehicle or concealed upon the individual. Secondly, the District Attorney must establish that the accused have "dominion and control" over the firearm. Possession can be actual or constructive, meaning that the accused can directly exercise control, or have control through another person. When the crime is one of carrying a concealed weapon or firearm, these elements can be particularly useful in defending the case.
Top 4 Ways To Beat a Gun Charge
1. Unlawful stop and detention. The law requires the police to have probable cause to stop and detain a citizen. In many cases the officer will lack the necessary reasonable suspicion to pull someone over. Matt understands the Constitutional requirements of a police contact and has the skills to prove the client's rights were violated in order to get charges dismissed.
2. Lack of proof of possession. Possession can be established one of two ways, actual or constructive. Matt knows how to defeat the prosecutors case by showing lack of knowledge, lack of dominion and control and therefore lack of evidence to convict.
3. Bad search. The police need a warrant or some exception to the warrant requirement in order to search the vehicle or location where the gun was found. Matt is well versed in Fourth Amendment search and seizure laws so that he can persuade a Judge the search was improper.
4. File a Motion. Top Gun Charge Lawyer Matthew Ruff has been successful in getting firearms charges dropped by filing various motions challenging the evidentiary aspects of the criminal case. Statutory and Constitutional Rights are a great way to fight and win cases in California as is motions seeking to dismiss on grounds set forth in the Penal Code. Among the issues presented are the Constitutionality of California laws in light of the Bruen decision, and Judicial Diversion.
In Bruen (2022) 142 S.Ct 2111, the United States Supreme Court expanded the scope of Second Amendment rights. The Court held that the Second Amendment right to keep and bear arms for self-defense extends outside the home, and it directed lawmakers and lower courts that gun regulations must “accord” with a historical understanding. For a law that regulates conduct protected by the plain text of the Second Amendment to be constitutional, Bruen states that it must be supported by analogous historical laws. Not only does the right to carry weapons for self-defense extend beyond the home, citizens will necessarily have to transport weapons in cars to exercise this right, as cars are the primary mode of transportation for the majority of Americans. Accordingly, the constitutionally guaranteed right to carry weapons in case of confrontation must extend to motor vehicle drivers and passengers. The 2nd Amendment clearly covers California Penal Code 25400 and PC 25805. Indeed, the Second Amendment's plain text . . . presumptively guarantees . . . a right to “bear” arms in public for self-defense.” (See Bruen 142 S.Ct. at p. 2135.). PC 25400/25805 bar the right to possess firearms and loaded firearms in public/person/car, Therefore, the statutes are presumptively unconstitutional, and the burden is on the government to show the regulation is consistent with historical regulations on firearms.
Most gun violations require that the firearm, whether it be a pistol, revolver, semi-automatic or otherwise, be loaded and available for immediate use. There are however many exceptions and fine points to all criminal laws and therefore a lawyer should be consulted before assuming anything.
Over the last 25 years Los Angeles Attorney Matthew Ruff has obtained countless dismissals of all manner of gun charges for his clients. Recently, Mr. Ruff represented a young man that was in a car with another person that had an illegal firearm, namely a sawed off shotgun that was stolen. The client was scared of the possible outcome and hired Matthew to defend him. After meeting with the Los Angeles prosecutor in Torrance, he was able to work out a dismissal of the case upon completion of a gun education class. In another case, Matthew was retained to represent a person charged with possession of numerous assault weapons that were found during a raid of his home. The client was facing prison time but Matthew refused to let his client be convicted. The case went to a preliminary hearing in Compton Court and the Judge bound the client over, however, Mr. Ruff filed a PC 995 motion and got all charges dropped by a higher Judge who agreed with Mr. Ruff that insufficient evidence existed to convict his client.
Call Matt Direct: 310-527-4100
In a noteworthy case Matthew handled his client was charged with carrying a concealed weapon in a vehicle in Compton. Matt fought the charges and ultimately persuaded the prosecution to dismiss all charges and amended to a disturbing the peace.
In another recent criminal case, Matthew was retained to defend a client charged with possession of a concealed loaded firearm in a vehicle in Inglewood California. After discussions with the Los Angeles County District Attorneyall charges were dismissed.
Another example of a case that Mr. Ruff defended is that of a known gang member who possessed a loaded gun in his SUV. The LASD stopped him for a traffic violation and observed the gun under the floorboard. After extensive litigation, Matthew got all gun charges reduced to "disturbing the peace" and got the Court to order the return of the gun to his client.
Matt is a TOP TIER Defense Lawyer meaning he has over 25 years experience fighting for good folks who have either made an error in Judgment or a mistake and need to keep their record clean. With over a thousand cases under his belt, Matthew can defend you in your unlawful weapon possession case to get you the best results. Hire the Best Firearm Defense Attorney in California.
In many gun cases there exist issues relating to illegal search and seizure, An example of a recent favorable case defining when and where the police can search is that of Florida v. J.L., 529 U.S. 266 (2000). In that case, an anonymous caller to the police stated that a young black male dressed in a plaid shirt who was standing at a specified bus stop was carrying a gun. Officers arrived at the bus stop approximately 6 minutes later, and saw three black males, one of whom (defendant) was wearing a plaid shirt. Other than the tip, the police officers had no reason to suspect any of the three of criminal activity. They saw no firearm, nor any threatening or unusual movements. However, the tip carried no indicia of reliability. It provided no predictive information, and, therefore, no means to test the callers credibility. The caller neither explained how he knew defendant had a gun nor supplied any basis for believing that he had inside information about defendant. Therefore, the officers lacked reasonable suspicion, so that their stop of defendant was illegal and the evidence was excluded and the case dismissed.
What Constitutes Brandishing? In California it is a crime to draw or exhibit a deadly weapon, including a loaded or unloaded firearm, in any rude, angry or threatening manner, except in self defense, or to unlawfully use such weapon in any manner during any fight or quarrel. The crime is codified in Penal Code 417. Although the crime requires the weapon to be exhibited in the presence of another person, that person does not need to be aware of the brandishing. Furthermore, the gun or weapon need not be pointed directly at the victim. The offense is a misdemeanor in the State of California.
What are the laws relating to bringing a gun in from another state? Interstate carry is federally allowed if the gun is legally possessed in both the home state and the state to which you are traveling. While some states through which you travel may honor your home carry permit, if you travel through states where possession is illegal you must store the gun and ammo in the trunk. If you are in an SUV without a trunk, the weapon and ammo must be stored out of reach of all passengers (ideally locked in separate containers in the back of the vehicle). In the states where your carry permit is honored, you may carry normally. In states where your permit is not honored, check open carry laws because you may be able to carry openly. When you are traveling to states like NJ or IL, where your possession of a firearm will be illegal, the federal law will not protect you. Finally, do not dawdle in those states where possession is illegal. Federal law permits you to pass through those states, not to visit them en route. California is generally regarded as being the most restrictive when it comes to possession and carrying of a firearm..
In some cases the arrest can occur due to a misunderstanding of California law. Many folks comes from out of state where the gun laws are much more liberal with regard to the concealed possession of hand guns in a motor vehicle. In one recent case Matt defended a client traveling into Los Angeles who had a concealed weapons carry permit in his home state and was stopped for a traffic violation. Officers found a concealed weapon in the car and arrested him for unlawful possession of a firearm. Matt got involved and negotiated a DISMISSAL OF ALL CHARGES.
At the end of the day, having Matthew in your corner when facing felony gun charges is one of the best feelings you can have.
Attorney Matthew Ruff has extensive experience in defending person accused of crimes involving firearms throughout Southern California, including Courts in Los Angeles, Torrance, Compton, Inglewood, Hawthorne, Carson, Long Beach, Bakersfield, Kern County, Palos Verdes, Cases at the LAX Airport, Burbank, Glendale, Pasadena, among many others. If you or someone you know is charged with a gun crime contact Mr. Ruff immediately for a free consultation at 310-527-4100.