Last night, while conducting a DUI checkpoint, police officers were flagged down by a concerned citizen reporting a physical altercation in a nearby parking lot — and that a male subject had pointed a firearm at another individual, according to the Fullerton Police Department.
Police officers immediately responded and located all parties involved.
A firearm was recovered from a vehicle at the scene. The suspect was arrested for possession of a firearm, assault with a deadly weapon, and driving under the influence.
Thank you to the alert citizen who spoke up and helped prevent further harm.
Based on California law, the suspect arrested in Fullerton for possession of a firearm, assault with a deadly weapon, and driving under the influence (DUI) could face the following penalties:
1. Assault with a Deadly Weapon (Penal Code § 245(a)(1))
If the weapon used was a firearm, this is typically charged as a felony. Penalties include:
- 2, 3, or 4 years in state prison
- A fine up to $10,000
- Possible strike under California’s Three Strikes Law
If the firearm was a semiautomatic weapon, the sentence could increase to 3, 6, or 9 years in prison.
2. Possession of a Firearm (Unlawful or in Commission of a Crime)
If the suspect was not legally permitted to possess the firearm (e.g., due to a prior felony or being under the influence), they could face:
- Up to 3 years in state prison under Penal Code § 29800 (felon with a firearm)
- Additional penalties if the firearm was concealed or loaded in public
3. Driving Under the Influence (DUI)
For a first-time DUI offense in California:
- Up to 6 months in jail
- Fines and penalties totaling around $1,800–$2,600
- License suspension for 6 months
- DUI education program (3 to 9 months)
If this is a repeat offense or involved aggravating factors (e.g., firearm possession, endangerment), penalties can increase significantly.
Combined Charges
Because these offenses occurred together, the suspect may face consecutive sentencing, especially if the DA pursues felony charges for both the assault and firearm possession. The presence of a firearm during a DUI and assault could also lead to sentence enhancements.
