Penal Code 12022.53 PC – 10-20-Life Sentencing Enhancement
What’s up! This article will explain California’s 10-20-Life sentencing enhancement under Penal Code 12022.53 PC. We’ll break it down in simple terms, looking at how it works, penalties, recent changes, defenses, and more. No fancy legal talk here!
What is California’s 10-20-Life Law?
California’s 10-20-Life law, also called “use a gun and you’re done,” provides for extra prison time if you use a gun during certain felonies [1]. Here’s how it works:
- 10 years added for using a gun
- 20 years added for firing a gun
- 25 years to life for shooting someone
It enhances the sentence for the underlying felony conviction. The enhancement is extra time added on top of the regular sentence.
What Felonies Does 10-20-Life Apply To?
10-20-Life applies to around 20 serious felonies like [2]:
- Murder
- Rape
- Robbery
- Kidnapping
- Carjacking
- Assault on a peace officer
It also applies to any felony punishable by death or life imprisonment. Attempts to commit these felonies are also included.
What are the Penalties Under PC 12022.53?
If convicted under 10-20-Life [3], you face:
- 10 years extra for using a gun
- 20 years extra for firing a gun
- 25 years to life extra for shooting someone
The enhancement runs consecutive to the regular felony sentence. No probation is allowed.
Recent Changes to California’s 10-20-Life Law
Recent changes include [1]:
- In 2018, judges gained discretion to dismiss the enhancement
- No longer a mandatory minimum sentence
Now judges can strike the enhancement in the interest of justice.
Legal Defenses Against 10-20-Life
Possible defenses include [4]:
- You didn’t personally use a gun
- You didn’t commit an underlying qualifying felony
- You acted in lawful self-defense
An attorney may be able to argue against the enhancement at sentencing.
Difference Between 10-20-Life and Other Gun Laws
10-20-Life is different than laws like [5]:
- Brandishing a weapon (PC 417)
- Crimes directly involving gun use
10-20-Life only applies as a sentencing enhancement on top of other felony charges.
Recent 10-20-Life Cases
Some recent case examples [6]:
- People v. Clark – Clark’s 20-year enhancement for shooting during a robbery was dismissed by the judge under new discretion laws.
- People v. Miller – Miller’s 25 to life enhancement for shooting someone during a carjacking was upheld on appeal.
Fighting 10-20-Life Allegations
If facing a 10-20-Life enhancement, make sure to [1]:
- Get an experienced criminal defense lawyer
- Challenge any disqualifying felonies
- Argue against the enhancement at sentencing
With an attorney’s help, you may avoid extremely long extra prison sentences under California’s 10-20-Life law.