California Penal Codes sections 12022 and 12022.5:
Under California Penal Codes sections 12022 and 12022.5, if a defendant personally used a gun during the commission of a crime, the sentence for the underlying felony may be increased by one to ten consecutive years in prison. The length of the sentence enhancement depends on three primary factors: whether the defendant was personally armed with the gun or whether the defendant personally used the gun, the type of firearm, and the underlying felony offense.
California Penal Code section 12022.53:
California Penal Code section 12022.53 is California’s “10-20-life” law and is among the strictest in the nation. This sentencing enhancement only applies to enumerated serious or violent felony offenses and to any other felony offense that is punishable by death or imprisonment in the state prison for life. If a person is convicted of one of these crimes, section 12022.53 will increase any sentence by ten years in prison for using a gun, twenty years for firing a gun, and twenty five years to life for killing or seriously injuring another person with a gun, consecutive to the sentence received for the underlying felony conviction.
California Penal Code section 186.22 – criminal street gang enhancement:
California Penal Code section 186.22 is California’s severe gang enhancement. This law increases punishment for gang members and their associates who are accused of committing crimes that are for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members. Penal Code 186.22 also punishes those individuals who are active participants in a gang, even if they are not themselves gang members.
If convicted of the street gang enhancement, a defendant faces additional punishment, ranging from 2 years to life imprisonment, depending on the underlying crime charged.
If you or a loved one is under investigation, accused, or has been arrested for an unlawful use of a firearm or gang activity, please contact RAAB | MAHONEY immediately.