California uses sentencing enhancements for individuals who use firearms while committing certain serious felonies. Penal Code 12022.53 is used to handle this sentencing enhancement. This is often referred to as the 10-20-life sentencing enhancement. For this reason, PC 12022.53 is also called the “use a gun and you’re done” law.
Basically, PC 12022.53 allows the court to harshly punish individuals who use or discharge a firearm during the commission of a felony. The Simmrin Law Group can provide you with additional information about this enhancement. Call (310) 997-4688 to get answers to your legal questions now.
Basic Facts About PC 12022.53 Enhancements
PC 12022.53 enhancements only apply in certain cases in California. Individuals face these enhancements if they commit specific felonies and:
- Use a gun
- Fire a gun
- Kill or severely injure someone with a gun
This enhancement only applies to certain felonies. The state provides a list of multiple felonies that can lead to a PC 12022.53 enhancement. Individuals can also face this enhancement for felonies that can be punished with life imprisonment or the death penalty.
You can reach out to us if you are looking for more specific information about PC 12022.53 enhancements.
Felony Charges Enhanced by PC 12022.53
Only certain felony charges are enhanced by PC 12022.53. These charges include:
- Assault with intent to commit a specific felony
- Assault on a peace officer
- Rape or gang rape
- Lewd conduct with a minor
- Forced oral copulation or sexual penetration
- Assault or holding a hostage by a prisoner
Additionally, this enhancement applies to all felonies that can result in the death penalty or life in prison. Individuals can also face this enhancement if they attempt to commit the above-listed felonies. Contact the Simmrin Law Group to go over how to fight these specific charges. We’re standing by to answer your legal questions. Just call (310) 997-4688.
Penalties for a PC 12022.53 Enhancement
PC 12022.53 is a sentencing enhancement. This means it adds on to penalties associated with another felony. Depending upon the way an individual used a gun, these penalties can vary. For instance, individuals who:
- Use a gun can face an additional 10 years in prison
- Fire a gun can face an additional 20 years in prison
- Kill or injure someone with a gun can face life in prison
We can focus more on how these charges work by considering the results for a felony. Let’s say that a man is arrested and convicted of rape in California. He is sentenced to eight years in prison for the act of rape. However, he used a gun during the commission of the crime. The court can add 10 years to his sentence. This means he could spend 18 years in prison.
Defenses for the “Use a Gun and You’re Done” Enhancement
There are many legal defenses that can work if you are facing a PC 12022.53 enhancement in California. Reach out to a criminal defense lawyer in Los Angeles immediately to get help. Our team can work to show that:
You Didn’t Commit or Attempt to Commit a Felony
PC 12022.53 enhancements only apply if you carried out specific felonies in California. We can build a defense for you if you are accused of a serious felony. We know how to help if you are charged with attempting a felony as well.
You Didn’t Use a Firearm While Committing a Felony
Additionally, PC 12022.53 charges only apply if you used a gun during the commission of a felony. We can take steps to show that you did not use or fire a gun. Get legal help on your side right now.
Speak to a Lawyer About How to Fight Penal Code 12022.53 Enhancements
Our criminal defense lawyers in Los Angeles are standing by to help you handle charges under Penal Code 12022.53. You can easily reach out to the Simmrin Law Group by completing our online contact form. You can also call us at (310) 997-4688.
Let us help you now with a free consultation.