Aldon Smith’s Legal Troubles Explained by a CA Criminal Attorney

We have been talking a lot about Aldon Smith’s pending legal troubles on the 49ers Now podcast lately, so I reached out to a criminal defense attorney friend of mine at Wallin & Klarich for some experienced legal perspective on Aldon’s situation and what exactly he is facing:

————————-

What exactly did Aldon Smith do to be charged with 3 felonies?

Linebacker Aldon Smith was charged in Santa Clara Superior Court with three felony counts of illegally possessing assault rifles along with misdemeanor drunk driving.

Smith purchased three semi-automatic rifles over the counter in Arizona. In order to comply with California law, Smith would have needed to modify and register the guns. He allegedly fired one of the rifles off into the air as a warning shot during a party in 2012.

Prosecutors in Smith’s case described his guns as an Armalite AR10-T .308-caliber rifle, a Bushmaster ACR chambered in 5.56mm NATO and a Bushmaster Carbon 15 .223-caliber rifle. While these rifles are not prohibited in California per-se, it is the particular features of the weapons that can be problematic.

Understanding California Assault Weapons Laws

Under California’s assault-weapons ban enacted in 1989, certain models of semi-automatic rifles and pistols are prohibited as well as others with certain characteristics. For example, semi-automatic rifles such as the popular AR-15 cannot have detachable magazines or magazines that can be released with the push of a button. Smith’s rifles did have an automatic magazine release.

California law also prohibits magazines with a capacity for more than 10 rounds. Smith’s rifles reportedly had 30-round magazines.

What possible sentence is Aldon smith facing if convicted?

If convicted, Smith could face a sentence ranging from no time in custody to more than four years behind bars. Because he fired a shot from one of the weapons, Smith’s legal defenses are limited. However, Smith’s legal team could argue he did not know the guns were illegal in California and he did not go to Arizona with the intent to purchase the weapons because he was there for a 49ers game against the Cardinals.

Smith was allegedly acting in self defense against gang members who first fired a weapon on his property and proceeded to stab him. He could cooperate with authorities in prosecuting the individuals who stabbed him as part of a plea bargain. Either way, a return to the field is probably the last thing on Smith’s mind at the moment.

Is there a mandatory minimum sentence for anyone found guilty of these firearm charges? If so, what are the minimums or is it up to the judge? 

The punishment is kind of complicated but violating California’s assault weapons law is a wobbler offense. Smith is being charged with three felony counts of possession of an assault weapon, each is punishable by 16 months, two or three years in  prison and a maximum fine of $10,000. However, the authorities who charged Smith said he can be sentenced to no prison time or up to four years.

Smith is currently in a substance abuse treatment facility for the DUI… Could that have any impact on the proceedings? 

Smith’s lawyers will likely ask the court to continue the arraignment until such time that he has successfully completed the program. In most cases the court will allow the accused to “waive” time so that his preliminary hearing can be continued for several weeks or a few months to allow his attorneys to prepare his defense and in this case to allow the accused to be in a proper state of mind to be able to assist in his own defense.

—

While we all hope these charges amount to nothing, as EL seems convinced, it is still good to know the specifics and seriousness of the charges.  4 years is no joke.

We may have the counselor on the podcast after the bye week to answer more questions, so send us any you would like addressed in the comments or through the contact form.

####

A special thanks to David E. Wohl  and Paul J. Wallin, criminal defense attorneys at Wallin & Klarich, for the guest post.