The state of California has a specific statue known as the "10-20-life use a gun and you're done." This law serves as an enhancement to a California state prison sentence for certain serious felony offenses if the perpetrator used a gun in the commission of the crime. If you are convicted under this statutory scheme, your sentence will be more severe because it will be substantially longer. As such, speaking with an West Covina gun crime defense lawyer from Coimbra Law Firm soon after your arrest is very important.
Not only is the enhancement additional to the underlying felony criminal conviction, it is also consecutive, meaning your prison sentences would run back-to-back rather than concurrent. This statute isapplicable to 19 specific California serious felony crimes, as well as to other felony offenses that are punishable by death or imprisonment in the state prison for life.
Crimes subject to the "10-20-life" enhancement include:
The court will impose a ten year sentencing enhancement on you if you personally used a gun during the commission of specific crimes, including assault by a life prisoner, assault by a prisoner, assault with intent to commit a specified felony, assault with a firearm on a peace officer or firefighter, carjacking, kidnapping, lewd act on a child, mayhem, murder, oral copulation, rape, rape or sexual penetration in concert (i.e., gang rape), robbery, sodomy, sexual penetration, any felony punishable by life imprisonment in the state prison or that is punishable by death, and any attempt to commit a crime listed in this subdivision other than an assault.
If during the commission of a crime, you allegedly discharged a firearm, the court will impose additional (and consecutive) 20-year sentencing enhancement. This is a very serious consequence that would affect your future, freedom, and your reputation. It is very important you speak with a knowledgeable West Covina gun crime defense lawyer if you are facing these consequences.
The same statute triggers the potential of an additional and consecutive sentence of 25 years to life. This subsection is applicable to all of the above-listed felonies, as well as to:"shooting at an inhabited dwelling or occupied car," and discharging a firearm from a motor vehicle (drive-by shooting). The 25-year-to-life enhancement is applicable if, during the commission of a felony, you intentionally and personally discharged a firearm and the discharge of the gun proximately caused great bodily injury or death upon any person other than an accomplice.