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49ers' Aldon Smith Charged With Assault Weapon Possession, DUI

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By Betty Wang, JD on October 11, 2013 1:01 PM

Aldon Smith of the San Francisco 49ers is looking to face three felony weapons assault charges. This comes on the heels of his recent DUI arrest, which occurred two weeks ago, Santa Clara's KNTV-TV reports.

This stems back to last summer, when the Bay Area linebacker hosted a party in June 2012 where he was stabbed, while two others were shot. Later on, the authorities found a cache of assault magazines, rifles, and ammunition.

Where is Smith currently, and what punishment could he be looking to face for these charges?

An Indefinite Leave

Currently, Smith, 24, is on an indefinite leave from the 49ers after his DUI arrest, where he was taken in on suspicion of driving under the influence and, separately, for possession of marijuana.

According to the Santa Clara County district attorney's office, reports the Associated Press, Smith is expected to self-surrender later this month. He is also currently checked into treatment for substance abuse at an in-patient facility, in light of his DUI.

49ers coach Jim Harbaugh said Smith had been texting him, "Heard that things are going very well, very positive reports back." But, according to the AP, Harbaugh also added that, "I don't have any need to further comment on it," when asked about Smith's future role with the team.

Illegal Possession of an Assault Weapon

Rules of gun possession will vary by state law. Smith is facing charges of illegally possessing an assault weapon. Assault weapons in California require a special permit, separate from a standard concealed firearms permit, and possession otherwise would be considered illegal. On top of that, assault weapon possession is regulated heavily in California, and roughly 75 types of assault weapons are completely banned, the Law Center to Prevent Gun Violence reports.

Also, under California's Penal Code, anyone who transports, keeps for sale, or who gives or lends any assault weapon is found guilty of a felony, and can be punished by up to eight years in prison. However, according to the Santa Clara County district attorney's office, if Smith is convicted, he's looking to face up to four years and four months in jail, the AP reports.

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