Gun Crimes

California Firearm Sentencing Enhancements

California law is unique in that it provides for a variety of sentencing enhancements. While enhancements can be based on several different circumstances, those involving the possession or use of a firearm during the commission of a crime are perhaps the most common. In this way, the application of a firearm sentencing enhancement effectively punishes you twice for the same conduct, although courts have been clear that these enhancements do not violate the Double Jeopardy Clause.

Some of the most commonly used gun enhancements include:

• Possession of a firearm during the commission of a felony (Penal Code § 12022);
• Personal use of a firearm during the commission of a felony (Penal Code § 12022.5);
• Personal use of a firearm during the commission of a serious or violent felony (Penal Code § 12022.53);
• A principal (other than the defendant) was armed with a firearm during the commission of a felony (Penal Code § 12022(d));
• Possession of ammunition or body armor while possessing a firearm during the commission of a felony (Penal Code §12022.2);
• Furnishing a firearm to another person who commits a felony (Penal Code § 12022.4); and
• Intent to inflict great bodily injury or death by discharging a firearm from a vehicle (Penal Code § 12022.55).

Sentencing enhancements can add decades to your sentence. However, Recent California criminal justice reform measures allow judges to exercise their discretion when deciding whether to apply an enhancement. Thus, while a judge has the option to strike an enhancement in many cases, they are not required to do so. This is why it is so important to have an experienced Modesto criminal defense attorney at your side throughout the process to ensure that, if you can’t beat your case, your sentence is as low as possible.