SENTENCING ENHANCEMENTS FOR USE OF A WEAPON DURING A CRIME

As a criminal defense attorney in Los Angeles, California, I have represented countless individuals who have been accused of a violent or a serious crime. Many times, in addition to being accused of committing these felony crimes, they are also accused of being armed with either a gun or another serious weapon.

Known as sentencing enhancements, these allegations, add exposure to more time in prison on a criminal case. The time added pursuant to an enhancement is served in addition to the time that a person normally gets for the specified crime they are accused of. These enhancements for use of a weapon can often time mean more time in custody to someone who is convicted, than the actual crime itself.

For example a robbery in the second degree is a crime for which the sentencing range is 2, 3 or 5 years, but if a person uses a gun during the robbery then there is a ten year enhancement that is added on. So a person convicted of a robbery can get 2 years for the actual crime and an additional 10 for the gun!

That is why when you or a loved one is facing criminal charges in California and there may be weapon enhancements that apply, your first call should be to an experienced criminal defense attorney. Our firm has represented countless individuals who are facing extended periods of prison time and have been able to obtain for them the results they need to continue living their lives in freedom.

WEAPONS SENTENCING ENHANCEMENTS

Below is a list of the type of criminal conduct that also leads to the prosecution attempting to ask for a sentencing enhancement. Please understand that this list is written for your information and should in no way be substituted for the advice of a criminal defense attorney.

Also, just because the prosecutors are alleging an enhancement, doesn’t mean they are going to get it. A criminal defense attorney can have these allegations dismissed. That is why the earlier you are represented by an experienced criminal defense attorney the better.

LIST OF WEAPONS SENTENCING ENHANCEMENTS IN CALIFORNIA

Defendant is a principal in a felony crime where any principal is armed with any firearm. There is an enhancement of…

1 year

Defendant is a principal in a felony crime where any principal is armed with assault weapon or firearm. (This enhancement also applies of both firearms and drugs are present at the same location) There is an enhancement of…

3 years

Defendant is a principal in a felony or attempted crime in which a deadly or dangerous weapon is used. There is an enhancement of…

1 year

Defendant is a principal in carjacking or attempted carjacking in which a deadly or dangerous weapon is used. There is an enhancement of…

1, 2 or 3 years

Defendant is personally armed with a firearm while committing certain drug crimes. There is an enhancement of…

3, 4 or 5 years

Defendant is a principal in a drug crime and knows that another principal is armed with a firearm. There is an enhancement of…

1, 2 or 3 years

Possession of armor piercing ammunition while armed with a firearm during the commission of a felony crime. There is an enhancement of…

3, 4 or 10 years

Wearing a bullet proof vest during the commission or attempted commission of a violent crime. There is an enhancement of…

1, 2 or 5 years

Defendant uses a firearm or a deadly weapon while committing or attempting to commit certain sex crimes. There is an enhancement of…

3, 4 or 10 years

Defendant is armed with a firearm or a deadly weapon while committing or attempting to commit certain sex crimes. There is an enhancement of…

1, 2 or 5 years

Furnishing a firearm to commit a felony crime. There is an enhancement of…

1, 2 or 3 years

Personally using a firearm to commit or attempt to commit a felony. There is an enhancement of…

3, 4 or 10 years

Personally using an assault weapon or machine gun to commit or attempt to commit a felony. There is an enhancement of…

5, 6 or 10 years

Defendant personally used a firearm while committing or attempting to commit specified violent crimes. There is an enhancement of…

10 years

Defendant personally and intentionally discharged a firearm while committing or attempting to commit specified violent crimes. There is an enhancement of…

20 years

Defendant personally and intentionally discharged a firearm while committing or attempting to commit specified violent crimes and that discharged caused the victim of the crime either great bodily injury or death. There is an enhancement of…

25 years to Life in Prison

HIRING A CRIMINAL DEFENSE ATTORNEY CAN SAVE YOUR LIFE!

As I stated earlier, just because a prosecutor in a criminal case files an enhancement, doesn’t mean that a person will be sentenced to one. Often times, criminal prosecutors will file these enhancements in order to get a strategic advantage in a criminal matter. Other times, they simply over file the case and with the right amount of maneuvering by a Los Angeles criminal defense attorney, these extremely serious allegations can be dropped.

That is why it is crucial to retain the services of an experienced criminal defense attorney to help defend your rights and freedom. I have represented countless individuals who were facing extended periods of prison time and have been able to get them out of the hot water they were in when they called.

FOR A FREE NO OBLIGATION CASE EVALUATION AND CONSULTATION CALL TOLL FREE AT 888 335-6008 OR CONTACT US HERE