Your sentence in a felony case may be enhanced if you used a gun during the crime.
It’s no secret that California has tough gun laws. California has strict limitations on who can buy, sell, and possess both firearms and ammunition. The state also seeks to reduce gun crime by imposing harsh sentences for crimes committed using guns.
This includes California’s 10-20-life sentencing enhancement. As a gun crime defense lawyer in Anaheim, CA can explain, this law allows a court to add 10, 20, or 25 years to life to a defendant’s sentence if they use a gun during the commission of a serious felony. Judges have discretion about using this enhancement, with the decision based on whether it would be in the interests of justice to impose these added years.
The 10-20-life law may also be referred to as the “use a gun and you’re done” law. It applies to 16 felony offenses and to other crimes that are punishable by death or imprisonment in state prison for life. This law may be applied if a gun is used during the following crimes:
- Murder
- Mayhem
- Kidnapping
- Robbery
- Carjacking
- Assault with intent to commit a specified felony
- Assault with a firearm on a peace officer or firefighter)
- Rape
- Gang rape or sexual penetration
- Sodomy
- Lewd act on a child
- Forced oral copulation
- Sexual penetration
- Assault by a life prisoner
- Assault by a prisoner
- Holding a hostage by a prisoner
- Any felony punishable by death or imprisonment in the state prison for life.
- Any attempt to commit a crime listed above (other than assault).
Under this law, if you are convicted of one of these crimes, then your sentence may be enhanced by:
- 10 years if you used a gun;
- 20 years if you fired a gun; or
- 25 years to life for killing or seriously injuring another person with a gun.
If more than one of these situations applies, then the court will impose the most serious penalty. This sentence is added to any sentence for the underlying crime, and runs consecutively (i,e, after the original sentence). For example, if you are convicted of second degree robbery, you may be sentenced to up to 5 years in California state prison for that crime. If you used a gun during that crime, then your sentence could be enhanced by 10 years, for a sentence of up to 15 years. If you fired a gun, your sentence would go up to a maximum of 25 years. If you injured or killed someone with a gun, then your sentence would be increased to 30 years to life.
This law is complicated and technical. However, it has the potential to significantly expand the consequences for any serious felony where a gun was used. That is why it is so important to work with a gun crime defense lawyer in Anaheim, CA if you have been charged with a felony offense that involved a gun.
At the Chambers Law Firm, we are zealous advocates for each of our clients. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a skilled legal professional at our law firm.
