California is one of the strictest in the nation when it comes to this particular law CA Penal Code § 12022.53 (2017). This law subjects you to 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. These penalties would be imposed in addition to the sentence you receive for the underlying felony conviction. This sentencing enhancement typically only applies to violent felony offenses or felony offenses that would typically be punishable by death or life imprisonment.
Gun charges can be quite severe if they relate to criminal street gang activity. The California gang enhancement Penal CodeSection186.22(a) makes it a crime to actively participate in a gang under the following circumstances: With knowledge that its members engage/engaged in a pattern of criminal activity, and. Willfully promote, further, or assist felonious conduct by the gang members.
Three Strikes Law
Under California’s Three Strikes Law any felony involving a firearm could potentially count as a strike against your record. If you have prior strikes on your record gun charges could add a second or third strike to your record carrying up to a mandatory minimum sentence of 25 years-to-life in a California state prison.
A sentencing enhancement literally “enhances” your prison sentence by making it longer. If you have been convicted of gun charges, you not only serve the sentence imposed for the felony gun charge, you also serve the sentence imposed with the enhancement. A skilled and well trained attorney makes all the difference in any charge, especially those involving firearms in the state of California. There are many “enhancements” that can be added onto a firearm charge. For this reason it is important to hire an attorney who knows these enhancements and the criteria to prevent them. Fill out a free consultation form to contact Trial Attorney Craig Sturm for advice on your firearm charge.