By Julian Navarro
SACRAMENTO – A Sacramento man was found in possession of an assault weapon by officers executing a search warrant of his garage—but instead of facing prison, he accepted a plea deal in Sacramento County Superior Court Thursday that keeps him free.
On March 27, Victor Gutierrez was caught with an assault rifle after law enforcement had evidence to believe that Gutierrez was in possession of the weapon.
Gutierrez faced up to three years in state prison, a fine up to $10,000, and restitution to any victim.
Gutierrez’s offer did require 180 days in county jail but it can be served under a sheriff’s work project, house detention, or any sheriff alternative sentence. Gutierrez also has one day credit and if he violates his probation he will need to serve three years in prison.
Once Gutierrez has served his three years of informal probation the court can get the conviction expunged or dismissed. Yet, even if this is granted, Gutierrez is prohibited to possess a firearm or ammunition for the rest of his life.
After hearing the offer, Gutierrez pleaded no contest to the charges against him. Defense attorney Hubert Chen successfully argued that electronic search and seizure should not be part of the probation terms.
Chen requested minimum fines and fees, which the court agreed to do—a fine of $300 with $30 and $20 in fees. Gutierrez will turn himself into the probation department by Sept. 28, and alternative sentencing by Oct. 15. Finally, Gutierrez will give his DNA sample and his fingerprint for records.
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