Committing a felony offense in California carries significant consequences, but these penalties become even more serious if the crime involves a firearm. Until 2018, California’s “10-20-life” enhancement resulted in mandatory sentence enhancements for felonies involving a firearm. With the passing of Senate Bill 620, the amended legal text allows a judge to dismiss or strike a firearm enhancement, as long as doing so would be “in the interest of justice.” If you have been charged with a felony offense and you think you may also face a firearm enhancement, you should contact a skilled criminal defense attorney right away to discuss your options.
How Firearms Enhancements Work
Firearms enhancements apply to several California felonies, subjecting the defendant to additional prison terms for using or discharging a firearm during the commission of the crime. Under California Penal Code § 12022.53, serious felonies like murder, kidnapping, robbery, or rape (among others) are subject to firearms enhancements. Essentially, you may face an additional 10 years in prison for using a firearm, an additional 20 years for firing a gun, or an additional 25 years to life imprisonment for killing or causing serious injury to another person while using a gun. If convicted of the underlying felony, the firearms enhancement may be added consecutively to your sentence.
Defining the “Use” of a Firearm
The language included in Penal Code § 12022.53 leaves some room for interpretation. For instance, the text reads that anyone who, during the commission of one of the qualifying felonies, “personally uses a firearm, shall be punished by an additional and consecutive term of imprisonment in the state prison for 10 years. The firearm need not be operable or loaded for this enhancement to apply.” The term “uses” could apply to a variety of scenarios, such as displaying the gun to intimidate the victim or simply making it visible as an implied threat. As long as the firearm is present—even if it is unloaded—prosecutors may try to show that the gun was a show of force or intimidation and that an additional ten years should be added to your sentence.
Protecting Your Freedom and Your Future
Facing criminal charges of any kind can be overwhelming and intimidating. If you or a loved one has been charged with a felony offense and the incident involves a firearm, you should consult an experienced criminal defense attorney right away to make sure your rights are upheld and protected. Your attorney will assess the details of your case and help you determine the best course of action to keep your future as bright as possible.
Firearms enhancements and felony charges are serious matters. Protect your future by calling the skilled Los Angeles criminal defense attorneys at Wegman & Levin today at (818) 980-4000.
