The court in California harshly punishes individuals who are accused of sex crimes. In some cases, the court uses sentencing enhancements to increase the prison time an individual faces. Penal Code 12022.3 handles some of these sentencing enhancements.
PC 12022.3 enhancements apply if an individual uses a firearm in the commission of a sex crime. However, not all sex crimes are covered under this statute. You can get more specific information from the Simmrin Law Group on how to fight these charges. Call (310) 997-4688 to get help from members of our team.
Sex Crimes Associated with PC 12022.3
Not all sex crime charges are eligible for a PC 12022.3 enhancement. The court specifically uses this enhancement for charges including:
- Spousal rape
- Gang rape (rape in concert)
- Oral copulation with a minor
- Lewd acts with a minor
- Sexual penetration
These sex crimes are covered by PC 12022.3. However, other sex crimes can still lead to serious legal penalties here in California.
PC 12022.3 Enhancements
Now that you know the possible sex crime charges associated with PC 12022.3 enhancements, let’s focus on when these enhancements are used. Individuals can face this enhancement if they commit any of the above sex crimes while:
- Armed with a gun or deadly weapon OR
- While using a firearm or deadly weapon
Note that there are many kinds of “deadly weapons” in California. Any weapon that could fatally injure someone could qualify as a deadly weapon. This means PC 12022.3 enhancements can apply even if the individual does not have a gun.
This enhancement may also apply even if an individual does not use a weapon during a sex act. For example, let’s say that a man forces a woman into a closet. He forces her into non-consensual sexual intercourse. Afterward, he draws a gun and threatens her into staying quiet. He could face a PC 12022.3 sentencing enhancement. This is true even though he only drew the gun after committing the act of rape.
Enhancements for Using a Firearm During a Sex Crime
PC 12022.3 is a sentencing enhancement. This means that the penalties only apply if an individual has been convicted of another crime first. PC 12022.3 increases the penalties for the underlying crime. PC 12022.3 deals specifically with sex crimes. For instance, individuals can face increased penalties for:
Being Armed with a Gun or Deadly Weapon
Individuals who commit a sex crime while armed with a deadly weapon or gun can face up to five additional years of prison time.
Using a Gun or a Deadly Weapon
Use of a gun or a deadly weapon during the commission of a sex crime can lead to up to 10 additional years of prison time. The team at the Simmrin Law Group can help you learn more about penalties for sex crimes. Call (310) 997-4688 and let us answer your questions.
The Use of a Firearm in the Commission of a Sex Crime
A criminal defense lawyer in Los Angeles can help if you are facing a PC 12022.3 enhancement. We can work to defend you from the underlying sex crime charges because we know what it takes to handle sex crime accusations in California. For instance, we can work to show that:
- You were falsely accused of a sex crime,
- You had consent to perform sex acts with another person, and/or
- There is no proof that you committed a sex crime
We can also work to show that you did not have a firearm or deadly weapon. We know that some sex crime charges are groundless in California and that people can make false accusations sometimes.
Our team can help you handle police questioning and the prosecution. We’ll work to get your charges reduced or even dismissed. You can also count on us to stand up for you in court if you are facing sex crime charges.
Get Help Handling Penal Code 12022.3 Enhancements in California
Contact the Simmrin Law Group if you were accused of using a firearm in the commission of a sex crime. We understand Penal Code 12022.3 sentencing enhancements. You can easily reach our sex crime lawyers in Los Angeles to get help with a free consultation and quickly get those legal answers you need.
Find out more by calling us at (310) 997-4688. You can also fill out our online contact form. We are ready to help with our legal know-how and experience.