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How Much Jail is Aldon Smith Facing?

The San Francisco 49ers’ star outside linebacker has run into some real legal troubles over the last couple of years. Just recently, he was arrested at Los Angeles Airport for allegedly making a false bomb Report.  This charge, memorialized in Penal Code Section 148.1, is a ‘wobbler’ offense. That means that it can be brought as either a felony or a misdemeanor. A misdemeanor can result in up to a year of imprisonment, while a felony carries a potential sentence of three years.  It is important to note that he has not been charged by the district attorney for this offense yet. He was arrested, posted bail and the case was referred to the district attorney to determine what, if any, charges would be filed.


Mr. Smith is also facing three felony assault weapon offenses under Penal Code Section 30605. The charges stem from a June 2012 party at Smith's home. Investigators say several shots were fired, two partygoers were injured and Smith was stabbed. In the subsequent investigation, prosecutors say detectives found five unregistered weapons in Smith's house, including two Bushmaster rifles and an Armalite AR-10T. These weapons are illegal to possess in California and neither self-defense nor ignorance towards the illegality of the weapon is a defense to the offense. In short, as long as Mr. Smith knowingly possessed the weapons, he is guilty. Mere possession is against the law.


Similar to the false bomb report charge, possession of an assault weapon is a ‘wobbler’ offense with the same maximum terms. Both crimes fall under California’s new prison realignment law. This means any actual jail time would be served in a local county facility and not a state prison. 


Given his lack of prior serious record, it is unlikely that any court would give him the maximum. Nonetheless, with his compounding legal problems and continued antisocial behavior, Mr. Smith is not giving the authorities much reason to show him mercy. A significant and real jail sentence is certainly possible.


Would you like to learn more about weapons charges? Are you in search of a criminal defense attorney in San Mateo County, Palo Alto, San Jose or the nine Bay Area Counties? Contact the Law Offices of Ross Green at (650) 780-0707 to schedule a free consultation to discuss your case.

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