Aiding and abetting a felony using a firearm is a serious criminal act in California. Individuals accused of this crime can face a sentencing enhancement. This enhancement is covered under Penal Code 12022.4, which allows the court to add prison time to an individual’s sentence.
Note that PC 12022.4 is a sentencing enhancement in California. It is therefore not a standalone charge. In other words, these penalties only come into effect if an individual is charged with aiding and abetting. The Simmrin Law Group can help you learn more about sentencing enhancements. Call us right now at (310) 997-4688.
PC 12022.4 Enhancements in California
PC 12022.4 enhancements do not apply to all criminal charges in California. Instead, individuals should only face these charges if they try to aid and abet someone committing a felony. This assistance must involve furnishing someone with a firearm, or attempting to.
PC 12022.4 charges can apply even if someone does not successfully provide another individual with a firearm. Additionally, individuals can face aiding and abetting charges even if they are not present when the felony occurs.
Providing someone with a firearm knowing they will commit a felony can lead to criminal charges.
Enhancements for Aiding or Abetting a Felony Using a Firearm
The court does not always treat a PC 12022.4 enhancement the same way. Depending on the facts of the case, the court can sentence individuals to 1 to 3 years in prison.
Note that this prison sentence adds to an individual’s underlying penalties. PC 12022.4 is not a standalone criminal charge. It increases the possible penalties for aiding and abetting a felony.
You may be wondering how the court decides on a sentence for PC 12022.4 violations. The court often selects the middle of the range, or two years. However, a judge will look at any aggravating or mitigating factors before making a decision. This can lessen or increase the prison sentence.
The Simmrin Law Group can help you fight PC 12022.4 penalties. Call (310) 997-4688 so we can work on helping you with your legal situation.
Other Sentencing Enhancements in California
The court system in California uses a variety of sentencing enhancements for different charges. Each of these enhancements increases the penalties issued for other criminal acts. Some common sentencing enhancements are covered under:
- Penal Code 12022.3 (using a firearm during a sex crime)
- Penal Code 12022.5 (using a firearm during a felony)
- Penal Code 12022.53 (using a firearm during a serious felony)
These sentencing enhancements can greatly increase prison time for individuals in California. In some cases, individuals can end up spending life in prison due to a sentencing enhancement.
Defenses for PC 12022.4 Enhancements
You don’t have to just accept a PC 12022.4 sentencing enhancement in California. Reach out to a criminal defense lawyer in Los Angeles right away. We can help you by building a defense to your underlying criminal charge(s).
For example, we can work to show that you did not aid or abet someone who committed a felony. Perhaps an individual took a gun from you before committing a felony. However, if you did not willingly provide the gun, you may be able to avoid criminal charges.
It’s also important to note that PC 12022.4 enhancements only apply if a felony actually occurred. Let’s say that you gave a friend your gun, knowing your friend planned to rob a gas station. However, your friend changed their mind and came home. You should not face PC 12022.4 enhancements in this situation.
We understand the legal system here in Los Angeles, and we’re ready to help with your case. Allow us to:
- Help during your arraignment
- Advise you on how to handle questioning by the prosecution
- Work to get your charges dismissed or reduced
- Stand up for you in court
Start working on a strong defense today with our team.
Contact a Lawyer About How to Fight Penal Code 12022.4 Enhancements
Aiding and abetting a felony using a firearm is a serious criminal offense that can lead to sentencing enhancements under Penal Code 12022.4. The Simmrin Law Group can assist you if you are facing this criminal charge. We’ll get to work on your case immediately. Just fill out our online contact form to get started. You can also call us at (310) 997-4688.
Allow our criminal defense lawyers in Los Angeles to help you with a free consultation.