California uses Penal Code 12022.53 PC | 10-20-Life Sentencing Enhancement against individuals accused of using firearms while committing certain serious felonies. For this reason, PC 12022.53 is also called the “use a gun and you’re done” law.
PC 12022.53 allows the court to harshly punish individuals who use or discharge a firearm during the commission of a felony by increasing their prison sentence.
You can learn more about PC 12022.53 enhancements and get additional help understanding California’s penal code from our team at Simmrin Law Group. We have decades of experience and have helped thousands of clients, so reach out now.
When Do PC 12022.53 Enhancements Apply?
PC 12022.53 enhancements only apply if the police accuse an individual of committing specific felonies and:
- Using a gun
- Firing a gun
- Killing or severely injuring someone with a gun
A California criminal defense lawyer can help you learn more about this enhancement and the violent crimes it can enhance.
For a free legal consultation with a 10-20-life sentencing enhancement lawyer serving California, call (310) 896-2723
What Felony Charges Does PC 12022.53 Enhance?
This enhancement only applies to certain felonies. The state lists multiple felonies that can lead to a PC 12022.53 enhancement. Individuals can also face this enhancement for felonies that the court can punish with life imprisonment or the death penalty.
The felony convictions enhanced by Penal Code 12022.53 PC | 10-20-Life Sentencing Enhancement include:
- Murder
- Kidnapping
- Robbery
- Carjacking
- Assault with intent to commit a specific felony
- Assault on a peace officer
- Rape or gang rape
- Sodomy
- Lewd conduct with a minor
- Forced oral copulation or sexual penetration
- Assault or holding a hostage by a prisoner
Additionally, this firearm sentencing enhancement applies to all felonies that can result in the death penalty or life in prison. Individuals can also face this firearm enhancement if they attempt to commit the above-listed felonies. Contact a Los Angeles weapons charges lawyer to discuss how to fight these specific violent felony charges.
Our team takes firearm enhancements seriously and can provide you with professional legal representation for the enhancement and the underlying offense.
The Gang Member Exception to PC 12022.53
Typically, Penal Code 12022.53 PC | 10-20-Life Sentencing Enhancement only applies to individuals accused of personally using or discharging a gun. However, the court has a criminal street gang exception for this rule.
This enhancement can apply to anyone involved in a serious felony as part of a criminal street gang. Note that this gang exception is not the same as the gang enhancement used in California Penal Code Section 186.22: Gang Enhancements. Individuals can face criminal charges under PC 12022.23 and PC 186.22 at the same time.
You can reach out to our team at the Simmrin Law Group to learn more about penalty enhancements, gang enhancements, and the time they can add to a prison sentence, especially for felony offenses.
California 10-20-Life Sentencing Enhancement Lawyer Near Me (310) 896-2723
What Are the Penalties for a PC 12022.53 Enhancement?
PC 12022.53 is a sentencing enhancement for felony convictions. Therefore, it adds additional prison time to penalties associated with an underlying offense. The penalties for firearms enhancements can vary depending on how an individual uses a gun. 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 firearms enhancements work by considering the results of a felony. Let’s say that a man is arrested and convicted of rape in California. He gets sentenced to eight years in prison for the act of rape and may face additional penalties.
However, he used a gun during the commission of the crime. The court can add 10 years to his sentence. So, he could spend 18 years in prison because of a gun enhancement at the time of sentencing. However, he only faces incarceration for a felony conviction for an underlying crime.
If you are looking for more specific information about California’s gun sentencing enhancement law, contact us. A Los Angeles criminal defense lawyer from our team can discuss the additional time a 10-20-life enhancement might add to your sentence.
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Are There Defenses for the “Use a Gun and You’re Done” Enhancement?
Many legal defenses can work if you face a PC 12022.53 enhancement in California. Reach out to a criminal defense lawyer in Los Angeles immediately to get help with a strong defense. 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 commit specific felonies in California. We can build a legal defense for you if you get accused of felony crimes. A criminal defense attorney knows how to help if the court charges you 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. A criminal defense attorney can take steps to show that you did not use or fire a gun. Get help on your side right now to handle the 10-20-Life sentence enhancement with a solid legal defense.
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How Do Lawyers Handle Felony Crimes in California?
Your criminal defense attorney may focus on a legal defense for the underlying felony charge when dealing with cases involving the 10-20-Life law. Depending on the facts surrounding your case, your attorney may take steps to:
Reduce Your Charges
Plea bargains can reduce felony criminal offenses to misdemeanor charges, removing any additional term of imprisonment through the 12022.53 enhancement. In some cases, a lawyer may also push for a lesser enhancement.
You can learn more about plea agreements by contacting us now.
Have Your Charges Dropped
An attorney from our law firm may push to have the court drop your charges, especially if we can prove that the police violated your rights or the prosecution has insufficient evidence.e For example, the court may drop charges if we show that the police conducted an unreasonable search.
Fight for You in Court
Your attorney can aggressively defend you in court against any alleged offense, potentially helping you avoid legal penalties associated with a firearm-use enhancement. We’re ready to build your defense for trial.
Our team can review common defenses for violent felony charges, including showing that you caused another person’s injuries by accident. Seek legal counsel about your next steps after an arrest by contacting us.
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 with Penal Code 12022.53 PC | 10-20-Life Sentencing Enhancement issues. You can easily contact the Simmrin Law Group by completing our online contact form. You can also call us.
Let us help you learn more about the 10-20-Life law with a free consultation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form