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If you or a loved one has been arrested and is being charged under the provisions of 10 20 life or 186.22 d 12022.53 of the California Penal Code you should call our office immediately to for a case evaluation.  

 

HOW DOES THE 10 TWENTY LIFE PROVISION OF THE PENAL CODE WORK? 

Penal Code section 12022.53 is a sentencing enhancement it adds time to Felony offenses as follows:

An additional 10 years for "using" a gun,

20 years for firing a gun, or

25 years to life for killing or seriously injurying a person with a gun.  

So in other words you commit an independent Felony and you use a gun the provision above go into affect.  

In Addition, the enhancement is in addition to to and consecutive to the sentence for the underlying Felony conviction.  

This means that rather than your time running at the same time "concurent" the time would run "consecutive" meaning you have to serve the amount of time for both seperately. First, the time for the underlyiing felony and then the enhancement.  

When I stated above independent Felony meaning the 10 20 life provision of the Penal Code attaches to certain Felonies.

Murder

Kidnapping

Robbery

Carjacking

Rape

This provision of the law is very confusing and I have seen and heard it be missaplied by Attorneys especicially when they are inexperienced.

First, a note, if you are charged with certain gang crimes then this provision could be especially daunting for you.  

the 10 20 life provision mandates that  you must personally use a gun.  However, this is not true if  you are a convicted under a gang statute with specific intent to promote further or assist in criminal conduct by gang members under, penal code section 186.22 you can be vicariously armed under the 10 20 life provision and be held accountable and sent to prison for life even if you never fired a gun, and even if you were not a gang member.  

This a a very difficult thing for most people to understand and many attorneys that do not practice in this area will not get right.

For example if you are a lookout during a Robbery and someone is killed by a gun.  And that person was a gang member and you were only a lookout you could be looking at 25 to life in prison.

This is because the provision makes an exception to the personal arming requirement if you are acting with specific intent to promote, further, or assist in criminal conduct by gang member even if you are not a gang member.

If you have any questions please give us a call at 559 441-1418. 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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