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In a recent incident gang detectives attempted to make contact with a suspicious male suspect who was on a bicycle at 900 E. 1st St., according to the SAPD.
Upon making contact the male fled, discarding a loaded firearm which was later discovered.
Discarding a firearm and fleeing from the police in Santa Ana, California, are separate offenses that carry their own penalties. When these actions occur together, the legal consequences can be significant due to the combination of charges.
Penalties for Discarding a Gun
In California, the act of discarding a firearm can lead to various charges depending on the circumstances, such as:
- Negligent Discharge of a Firearm (California Penal Code § 246.3): If the firearm was discharged in a grossly negligent manner, it could be charged as a misdemeanor or a felony.
- Misdemeanor: Up to one year in county jail and/or a fine of up to $1,000. Additionally, there is a 10-year ban on owning firearms.
- Felony: 16 months, 2, or 3 years in state prison and/or a fine of up to $10,000. A felony conviction also results in a lifetime ban on firearm ownership.
- Felon in Possession of a Firearm (California Penal Code § 29800(a)(1)): If the person discarding the firearm is a convicted felon, they face felony charges punishable by 16 months, 2, or 3 years in jail and/or a fine of up to $10,000.
- Unlawful Disposal of a Firearm (Local Ordinances): Some cities, like Los Angeles, have specific ordinances against disposing of firearms in public trash receptacles or public places, which are typically misdemeanors. Santa Ana’s municipal code also addresses the disposal of firearms, requiring them to be surrendered to law enforcement for destruction or disposed of according to applicable state laws. Improper disposal in Santa Ana could also lead to misdemeanor charges.
Penalties for Fleeing from the Police
Fleeing or evading a police officer in California is a serious offense with escalating penalties based on the circumstances:
- Misdemeanor Evading (California Vehicle Code § 2800.1): Willfully fleeing or attempting to evade a peace officer in a marked vehicle or bicycle is a misdemeanor punishable by up to one year in county jail and a fine of up to $1,000. The vehicle may also be impounded for up to 30 days.
- Felony Reckless Evading (California Vehicle Code § 2800.2): If the fleeing is done with a willful or wanton disregard for the safety of persons or property, it can be charged as a “wobbler,” meaning it can be a misdemeanor or a felony.
- Misdemeanor: Up to one year in county jail and a fine up to $1,000.
- Felony: 16 months, 2, or 3 years in state prison and a fine up to $10,000.
- Evading Causing Serious Injury or Death (California Vehicle Code § 2800.3): If the reckless evading causes serious bodily injury to another person, it can be charged as a felony with penalties of 3, 5, or 7 years in state prison, a fine of $2,000 to $10,000, and/or up to one year in county jail. If the evading causes death, it is a felony punishable by 4, 6, or 10 years in state prison.
Combined Penalties
When someone discards a gun and then flees from the police in Santa Ana, they could face charges for both actions. The penalties for these offenses can be imposed consecutively, meaning the sentences for each crime could be added together.
For example, if an individual illegally possesses a firearm (perhaps as a felon), discards it negligently, and then flees recklessly from the police, they could face:
- Felony charge for being a felon in possession of a firearm (up to 3 years in state prison).
- Felony charge for negligent discharge (up to 3 years in state prison).
- Felony charge for reckless evading (up to 3 years in state prison).
These potential sentences could run consecutively, leading to a significant period of incarceration. Additionally, fines and a lifetime ban on firearm ownership would likely be imposed.
It is important to note that the specific charges and penalties will depend on the exact details of the incident, including the individual’s prior criminal record, the manner in which the gun was discarded, and the nature of the fleeing behavior. A prosecutor in Santa Ana would review all the evidence to determine the appropriate charges to file.
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