California Penal Code 12022.53 (PC), also known as the “10-20-Life” statute or “Use a Gun and You’re Done” law, adds additional penalties when you use a gun during the commission of certain crimes. When the law was originally enacted in 1998, it was very strict, and the penalty enhancements were mandatory. It has since been modified to allow more room for judicial discretion. As a result, a skilled attorney can often convince judges to drop these sentencing enhancements.
Additional Penalties for Using a Gun
12022.53 (PC) adds what are known as “enhancements” to existing criminal penalties when certain conditions are met. Like hate crimes and gang laws, these enhancements are not standalone charges but additional penalties that can only be added to a sentence for another crime. Another gun enhancement that is not directly related to the 10-20-Life law occurs when someone is caught carrying a gun and drugs at the same time.
The 10-20-Life rule adds, as the name implies, 10 years, 20 years, or life imprisonment to a sentence if a gun was used in the commission of certain crimes. The firearm doesn’t need to be fired. Just having a gun, even one that doesn’t work or isn’t loaded, is enough to qualify for the sentencing enhancement.
The maximum number of years added to a criminal sentence depends on the specific type of gun violation:
- 10 years will be added if the gun wasn’t fired
- 20 years is added when the gun was fired, but no one was seriously injured
- 25 years to life can be added if someone suffered great bodily injury or death related to the use of the gun
Keep in mind that these penalties are added on top of the original offense. For example, if you commit a carjacking without a weapon, you could be sentenced to nine years in prison. If you carried a gun though, you could have 10 years added to your sentence. If you fired the gun but didn’t shoot someone, you could have 20 years added to your sentence. If you shot someone and injured them, you could face life imprisonment.
Gang enhancements also apply in these situations (for those who also used the firearm), so those convicted of these charges could easily have decades of prison time added to their sentence.
Crimes Carrying the Enhancement
The law only applies when a gun was used in the commission of a very serious criminal offense. Crimes that qualify for the 10-20-Life sentencing enhancement include:
- murder
- mayhem
- kidnapping
- robbery
- carjacking
- aggravated assault of a peace officer
- rape
- oral copulation
- sodomy
- child molestation
- assault with intent to commit a felony
- any other felony punishable by life in prison or death, such as terrorism
- attempts to commit any offense above
As these offenses are all considered serious or violent felonies, those convicted for any of these offenses will also have a strike added to their record under the state’s three strikes law, which could leave repeat offenders facing a life sentence.
Firearm Enhancements With Gang Charges
Ordinarily, the 10-20-Life rule does not apply to anyone involved in a crime who was not in possession of a firearm. There is an exception when the offense was committed as part of a gang crime though. In these cases, the enhancement applies to all individuals who committed the crime. Gang enhancements also apply in these situations, so those convicted of these charges could easily have decades of prison time added to their sentence.
Firearm Penalties for Less Serious Offenses
Possession and or use of a firearm while committing lesser felonies will also result in an additional prison term, though not as much as the additional sentences imposed by the 10-20-life rule.
Fighting the Charges
These enhancements are very serious and carry devastating consequences. There are defenses to the 10-20-Life rule, but you must contact a criminal defense attorney as soon as possible to determine the best possible strategy for your case. Do not speak to the police alone, as what you say could later be used against you and harm your defense.
In some cases, the best solution is negotiating a plea bargain where you agree to plead guilty in exchange for the prosecution dropping these enhancements. In other cases, you may have the best luck fighting the underlying charges in court, though in other cases, you may want to plead guilty to the original charges but fight the enhancements by arguing you did not use or possess a gun. In some cases, you could also argue that the enhancement be reduced because while you were carrying the weapon while committing a serious felony, you only fired it in self-defense. If you were accused of a gang-related enhancement and were not in possession of a firearm, you could also argue that the offense was not a gang crime.
If you have been charged with carrying or using a firearm while committing a serious felony, please call (760) 643-4050 to schedule a free initial consultation with criminal defense attorney Peter M. Liss.