• Menu
  • Skip to right header navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Before Header

Free Initial Consultations – Call today (559) 222-5800

dui lawyer fresno

Fresno DUI Attorney & Criminal Defense Lawyer

  • Practice Areas
    • DUI Defense
      • Boating Under the Influence
      • Marijuana DUI Defense
      • Underage DUI Defense
    • Criminal Defense
    • Personal Injury
      • Motor Vehicle Accident
    • Domestic Violence
    • Drug Crimes
    • Expungement
  • About
  • Resources
    • California DUI Laws
    • Blog
  • Contact Us
  • Practice Areas
    • DUI Defense
      • Boating Under the Influence
      • Marijuana DUI Defense
      • Underage DUI Defense
    • Criminal Defense
    • Personal Injury
      • Motor Vehicle Accident
    • Domestic Violence
    • Drug Crimes
    • Expungement
  • About
  • Resources
    • California DUI Laws
    • Blog
  • Contact Us

Gun Charges

Home / Blog / Gun Charges

February 19, 2013 //  by Gregory Fox

If you have been arrested on gun charges in California the penalties will vary depending on the specific gun law that was violated. Some gun charges are considered misdemeanors while others are considered felonies. In gun charge cases the Judge will typically look at the following factors when considering what penalty to impose:

  1. Whether the gun charge is a misdemeanor or a felony
  2. What type of firearm was used
  3. Criminal history
  4. Is the offense subject to California firearm sentencing enhancements

In some cases the prosecution may be able to use their discretion to determine if the charge should be a misdemeanor or a felony.

Arrested on gun charges

California has strict gun laws that can carry lengthy prison sentences if convicted. California firearm sentencing enhancements are often mentioned in the media, you may have heard of the “10-20-life ‘use a gun and you’re done’” law, as well as the criminal street gang sentencing enhancement. These two sentencing enhancements tend to be the most common.

What does a sentencing enhancement do?

A sentencing enhancement literally “enhances” your prison sentence by making it longer. If you have been convicted of gun charges, you not only serve the sentence imposed for the felony gun charge, you also serve the sentence imposed with the enhancement.

10-20-life use a gun and you’re done

California is one of the strictest in the nation when it comes to this particular law (California Penal Code Section 12022.53). This law subjects you to ten years in prison for using a gun, twenty years for firing a gun, and twenty-five years-to-life for killing or seriously injuring another person with a gun. These penalties would be imposed in addition to the sentence you receive for the underlying felony conviction. This sentencing enhancement typically only applies to violent felony offenses or felony offenses that would typically be punishable by death or life imprisonment.

Criminal street gang enhancement

Gun charges can be quite severe if they relate to criminal street gang activity. The California gang enhancement (California Penal Code 186.22 PC) punishes gang members and their associates for committing crimes that are:

“for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members”

The criminal street gang enhancement punishes those who are active in a gang regardless of whether or not they are leaders of the gang or even gang members. Depending on the underlying felony gun charge, you could face up to life in prison with this sentencing enhancement.

Felony gun charges and your rights

If you are convicted of any felony gun charges your right to own, possess, or acquire a firearm will be revoked for life. There are also certain misdemeanor firearm offenses that will impose the same restriction such as:

  • Assault with a firearm
  • Shooting at an inhabited dwelling
  • Brandishing a weapon

In addition, misdemeanor crimes of domestic violence may also cause you to lose your gun rights.

Under California’s Three Strikes Law any felony involving a firearm could potentially count as a strike against your record. If you have prior strikes on your record gun charges could add a second or third strike to your record carrying up to a mandatory minimum sentence of 25 years-to-life in a California state prison.

Contact us for help

For additional information on gun charges, California firearm offenses, or if you would like to confidentially discuss the circumstances of your case, please contact The Law Office of Gregory W. Fox at (559) 222-5800. In most instances an appointment can be scheduled for the same day.

Category: Blog

Previous Post: « California Laws Against Carrying Firearms
Next Post: Difference Between a Felony and a Misdemeanor »

Primary Sidebar

Search posts

Request your free initial consultation

If you have any questions or would like to schedule your free initial consultation please call (559) 222-5800 or fill out this form and we will contact you as soon as possible.











    Related Posts

    California’s Gang Enhancement Law, California Laws Against Carrying Firearms, The Difference Between Robbery and Burglary, Can you expunge a domestic violence misdemeanor?
    This website provides general information only. It should not be relied upon as legal advice. The law is constantly changing and differs from location to location. Applicability of the law is dependent upon the facts and circumstances of each case. You should consult an attorney about your particular situation. Transmission of this information is not intended to create, and receipt does not constitute an attorney–client relationship between the sender and receiver. Internet subscribers and online readers should not act upon this information without seeking professional counsel.

    If you have any questions, or would like to schedule your free initial consultation, please contact us today at (559) 222-5800. Hablamos español.

    Footer

    About

    Gregory W. Fox provides DUI, criminal defense, and personal injury representation throughout Fresno and the greater Central Valley of California including Fresno, Kern, Kings, Madera, Mariposa, Merced, Monterey, San Luis Obispo, Stanislaus, Tulare, and Tuolumne counties.

    • Facebook
    • LinkedIn
    • Twitter

    Contact Us

    The Law Office of Gregory W. Fox
    191 West Shaw Avenue, Suite 208
    Fresno, California 93704

    Phone: (559) 222-5800

    FAX: (559) 222-5801

    Hours:

    1. Monday–Thursday 8AM–5PM
    2. Friday 8AM–12PM
    3. Saturday–Sunday 9AM–4PM

    Get Directions

    Practice Areas

    • DUI Defense
    • Criminal Defense
    • Drug Crimes
    • Domestic Violence
    • Expungement
    • Personal Injury

    Site Footer

    • Top Criminal Defense Attorney in Fresno
    • Lawyer Gregory Fox | Featured Attorney Criminal Defense

    • Copyright © 2023
    • The Law Office of Gregory W. Fox
    • Privacy Policy