CALIFORNIA CRIMINAL LAWYERS

Los Angeles Personal Use of a Firearm – Sentencing Enhancement

Personal Use of a Firearm – Sentencing Enhancement: Definitions, Punishments, and Legal Defenses

The penal code in California can be an intricate maze to navigate, especially when it comes to the personal use of a firearm – sentencing enhancement. Under California gun laws, using a gun while committing a crime can lead to your sentence being enhanced, resulting in a far longer time behind bars. But fret not, dear reader. If you ever find yourself in such a situation, this article will provide you with valuable information on the definitions, punishments, and legal defenses associated with the personal use of a firearm – sentencing enhancement.

Definitions

An essential fact about California’s law on personal use of a firearm is that it’s not just about you using a gun – anyone you’re working with can trigger this law. The sentencing enhancement applies to any “principal” character of the crime’s commission, whether it’s you or someone you’re working with. A “principal” is someone who directly commits the crime or assists with it. Certain sentencing enhancements specify that you or one of the principals must use the gun, but this doesn’t limit the definition of gun usage to merely shooting it. It also covers displaying the gun in a menacing manner, using it to hit someone, or simply carrying it with knowledge of its presence.

Punishments

Sentencing enhancements for personal use of a firearm can add years to your sentence in California state prison, in addition to your sentence for the original offense. The added time can range anywhere from one year to life, depending on factors such as the type of gun used, any other criminal history, the offense committed, and whether you had the weapon on you.

Legal Defenses

Although personal use of a firearm – sentencing enhancement is a hefty charge, many legal defenses can protect you. For instance, if you didn’t commit the original felony or didn’t use the gun in question, it could argue your innocence. Additionally, if the police were involved in any misconduct, this could also act as a legal defense. Lastly, if the gun was found during an illegal search, you could argue that it should be inadmissible.

No matter the challenges you face, you do not have to tackle them alone. With the right legal representation, you can challenge or reduce the charges leveled against you. It’s crucial to have a trustworthy attorney by your side during this time, and this is where our firm comes in. We have a team of skilled lawyers who can help you build a robust defense, so contact us today, and let us help you.

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