California’s 10-20-Life Law
By Law Office of Stephen G. Rodriguez & Associates
Nov. 4, 2010 11:25a
In 1997, the state of California enacted Penal Code section 12202.53, 10-20-life ("Use a gun and you're done") law, which dramatically increased the punishment for crimes which involve the use of a firearm. These so called "sentence enhancements" tack on additional prison sentences on top of regular sentencing when a firearm is used in the commission of specific violent felonies.
These violent felonies enumerated under the statute are: certain sex offenses, certain assaults, robbery, carjacking, kidnapping, mayhem and murder. If you are convicted of any of these felonies and used a firearm in the commission of the crime, you will immediately get an additional ten years to your sentence. This is regardless if you actually used the gun, even if you just waved it around or displayed the gun or if it wasn't loaded, you would still qualify for a sentence enhancement.
The second level of sentence enhancement is twenty years. If it is proven that you intentionally discharged the firearm in the commission of the crime, then you get an additional twenty years, even if you didn't actually shoot anybody. Last, if you discharged the firearm and actually caused great bodily injury to the victim or death, you get an automatic, additional 25 years to life in state prison.
Further Examples
California's 10-20 to life laws are very harsh. If you simply display your gun in a convenient store robbery, you get 10 additional years, even if it wasn't loaded. If you use a gun to strike someone in a rape, you get 10 extra years. If you discharge a gun towards the ceiling during a bank robbery, you can be sentenced to twenty years, just for discharging the weapon.
If you or someone you care about has committed a crime involving a firearm, then it is vital that you get the advice and help from a skilled Los Angeles criminal defense attorney at the Law Office of Stephen G. Rodriguez & Associates immediately. We will thoroughly investigate the evidence against you in order to protect your personal rights and to help get you the best possible outcome for your case.
Contact a Los Angeles Criminal Defense Lawyer at our firm today for a free case evaluation.
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