Law Offices of David R. Silldorf, APC
Contact Us
- (619) 326-9093
- david@davidsilldorflaw.com
Location
402 W. Broadway, Suite 1300, San Diego, CA 92101
Client 1: Andrew was taking an evening walk with his wife and had just returned to his gated condominium when he saw a homeless person camping in the private courtyard of the complex. Andrew asked the person to pack up and leave and the situation immediately turned aggressive. Believing he was about to be assaulted with either a shopping cart or a weapon from the cart, Andrew drew a legal folding blade knife from his pocket to stop the battery. Unfortunately, Andrew was struck in the head, had his knife taken away, and was stabbed three times in the arm with his own knife. Law Enforcement arrived and talked to an eye witness who told them Andrew should not have pulled the knife. Andrew was arrested for Felony Assault with a Deadly Weapon (Penal Code section 245(a)(1)) and went to hospital for stiches before going to jail. We were hired by Andrew’s family within an hour of the arrest and began working the case and getting Andrew out on bond a few hours later. After a quick investigation and talking to other witnesses about the homeless person’s aggressive character, we approached the District Attorney with our results and asked them not to file charges against Andrew. The D.A. agreed and Andrew’s case was dismissed before he ever went to court. If you are a CCW, you will temporarily lose your license if you are arrested for a felony (and some misdemeanors). The Sheriff will come and take your CCW license from you until your case is resolved. Andrew’s CCW license was returned to him within a week after the D.A. rejected filing.
Client 2: Brian was driving alone at night when he was a victim of road rage by two people in another car. After yelling at him through an open window about something he had done wrong, one of the men threw a glass bottle at Brian’s car. Brian drew his legal CCW pistol from besides his seat and brought it up to his chest, pointed it at his dashboard, and told the other men to leave him alone. Brian sped off, only to be pursued by the men. Brian, eventually evaded them and headed home. Before he got there, Brian was “hot” stopped by multiple police units and arrested. The “victims” had called 911 saying Brian had pointed a gun at them after he road raged them. Because he had a gun in his car, even though it was lawfully possessed, that corroborated a portion of the “victims” statements. Brian was arrested for multiple counts of felony Assault with a Firearm (Penal Code section 245(b), charged by the D.A., and was looking at more than 16 years in prison. Brian hired us after his initial court appearance because he realized that he needed lawyers experienced in firearms law and the CCW process. All the police reports, photographs, 911 calls and body-worn camera video were collected and analyzed. After a thorough investigation, we were able to convince the D.A. that her eye-witnesses were likely lying and her case was thin. The case was dismissed in its entirety before the Preliminary Hearing, an unusual event in a violent felony case involving a gun. Brian spent 6 hours in jail and never had to go back after his case was dismissed.
Client 3: Charles is a disabled veteran who was driving with his wife on a Sunday after looking at new homes they were interested in buying. Stopping at a busy gas station, Charles pulled up to a pump after a brief wait and was immediately blocked in by a car, driven by a man, who started yelling he was next at the pump. Charles’s wife tried to calm things down but she had obscenities yelled at her while the other man jumped out of his car and headed for Charles. The angry man came around the front of Charles’ car with his fists clenched, and moved directly toward Charles who was jammed in at the gas pump. By his demeanor and actions, Charles thought the man was trying to get into the car with his wife inside or was going to punch Charles. Charles drew his legally carried gun from his waistband and held the gun at high carry, pointing the gun toward the ground. The attack immediately stopped, and the attacker returned to his car and called the police. The angry man told the police that Charles had pointed a gun at him unprovoked after an argument over whose turn it was at the pump. An eyewitness who “hated guns” thought Charles had no right to pull his gun. Charles gave his side of the story but was arrested anyway and charged with a felony Assault with a Firearm (Penal Code section 245(b)) and was looking at 9+ years in prison. Charles hired us to represent him almost immediately and we handled his case throughout the legal process. The D.A. wanted Charles to plead to a felony, which wasn’t acceptable. We went to trial and the jury acquitted Charles of all charges after 4 hours of deliberation. Charles CCW license was returned to him within a week of the not guilty verdict being returned.
These cases represent a small fraction of the kind of cases that are being filed and that we expect to see more of in the future in San Diego. This is a direct result of the Bruen decision that in turn, made it easier for lawful gun owners residing in San Diego County (and elsewhere throughout the U.S.) to obtain a CCW license. (The average wait time from initial application to license grant for first time applicants is currently around 14 months.) More and more people are exercising their Second Amendment right to carry concealed firearms after the Supreme Court did away with the “good cause” requirement that previously required individuals to overcome a high bar to justify a grant of a CCW. We expect to see more law enforcement activity as it relates to these cases as we as a society adjust to the new rules.
If you or someone you know is arrested on gun charges—with or without a valid CCW—you should contact the Law Offices of David R. Silldorf in San Diego without delay. The sooner a competent attorney gets involved with experience successfully handling these kinds of cases, the better. Not all criminal lawyers are intricately familiar with gun laws or CCW licensing. Attorneys David Silldorf and Gary Gibson are both valid CCW holders and have handled countless firearm cases ranging from possession of ghost guns, assault rifles, shootings, murder (involving firearms) and the case illustrations above. We work tirelessly for our clients and their families to ensure the best possible outcome against the government in both state and federal courts.
If you are facing assault and battery charges it is important that you retain the services of a San Diego defense lawyer as soon as possible. Regardless of how minor you may consider the event to be, these investigations can quickly spiral out of your control and escalate.
The state of California takes a very serious approach to allegations of assault and battery so you need an attorney who is equally serious about protecting your rights and freedoms.
We understand the laws surrounding assault and battery and how to navigate the legal system to get the best possible result for your case. Call David Silldorf today.
People v. an Individual
[22-CR-1068-TWR]
Client charged in three counts with the illegal transportation of multiple firearms between states. Client also admitted to delivering the guns to family members in Mexico. Client received a sentence of 4 MONTHS OF CUSTODY on all 3 felony counts.
People v. an Individual
[Petition No. H6690 – Juvenile]
Juvenile client charged with assault with a firearm after accidentally shooting his best friend with a ghost gun. Client was charged with a felony strike under PC § 245(a)(2) with § 1192.7(c)(9) and § 12022.5(a)(1) allegations. After extensive pre-trial investigation, negotiations, and litigation, the case resolved for a non-strike 245(a)(4) 4 days before trial. Client received PROBATION with no custody. His record was later SEALED AND DESTROYED.
People v. an individual
[M278128]
Client charged in 4 counts for carrying a loaded firearm [PC § 25850(a)], carrying a concealed firearm [PC § 25400(a)(2)], possessing a firearm in the airport [PC § 171.5], and introducing a weapon into the San Diego airport [(SDCRAAC § 7.01(c)]. Case resolved for MISDEMEANOR DIVERSION. Case will be dismissed upon successful completion in one year.
402 W. Broadway, Suite 1300, San Diego, CA 92101
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