Practice Areas:

Weapons Possession & Enhancements

Weapons Possession & Weapons Enhancements

In California, the unlawful possession of a weapon and/or the use of a weapon during the commission of a crime carries with it potentially significant punishment.

Depending on the circumstances of the case, a defendant who commits a crime using a weapon may be charged with separate counts for the unlawful possession of the weapon; another crime that may be alleged; AND an enhanced (or increased) sentence for the use of a firearm or other deadly or dangerous weapon in the commission of that crime.  The combination of these charges can add up to a potential sentence of many years and are best addressed as early as possible by an experienced and competent attorney.

If you or someone you care about is facing an weapons-related charge of any kind, the criminal defense attorneys at the Weinrieb Law Firm can help explain the charges and properly defend against them.  We can be reached twenty-four hours a day, seven days a week at (818) 933-6555.

Unlawful Weapons Possession

California law makes the unlawful possession of a weapon a crime in itself, separate from any “weapons enhancements” that may apply in a particular case if a weapon is used in the commission of a crime.
While every case must be evaluated on its specific facts, the following are common weapons possession charges:

  • Penal Code § 12021 – Unlawful possession of a firearm by any convicted felon or a person addicted to a narcotic drug.  This is a felony punishable by up to 3 years in state prison.
  • Penal Code § 12025 – Carrying a concealed weapon upon one’s person or within a vehicle.  This is a “wobbler” and may be charged as, and is punishable as, either a misdemeanor or a felony depending on the particular facts of the case.
  • Penal Code § 12020 – The manufacture, import, sale or possession of certain weapons and explosives.  This is a “wobbler” and may be charged as, and is punishable as, either a misdemeanor or a felony depending on the particular facts of the case.

Commonly Charged Weapons Enhancements

While every case must be evaluated on its specific facts, the following is a list of common weapons enhancements and the potential punishments for each enhancement that may be added to any punishment for the underlying criminal charge:

  • Penal Code § 12021.5(a) – Individual armed with firearm during street gang crime. Enhancement – 1, 2 or 3 years.
  • Penal Code § 12021.5(b) – Individual armed with firearm and specified magazine during a street gang crime. Enhancement – 2, 3 or 4 years.
  • Penal Code § 12022(a)(1) – Defendant is the principal in a felony in which any principal is armed with any firearm.  Enhancement – 1 year.
  • Penal Code § 12022(a)(2) – Defendant is the principal in a felony in which any principal is armed with an assault weapon or machine gun.  Enhancement – 3 years.
  • Penal Code § 12022(a)(2) – Defendant has firearms and drugs present at the same location, even if the defendant is not present when those items are discovered.  Enhancement – 3 years.
  • Penal Code § 12022(b)(1) – Defendant is the principal in a felony or attempted felony in which a deadly or dangerous weapon is used. Enhancement – 1 year.
  • Penal Code § 12022(b)(2) – Defendant is the principal in a carjacking or attempted carjacking in which a deadly or dangerous weapon is used.  Enhancement – 1, 2 or 3 years.
  • Penal Code § 12022(c) – Defendant is personally armed with a firearm in the commission of certain Health & Safety Code offenses.  Enhancement – 3, 4 or 5 years.
  • Penal Code § 12022(d) – Defendant is the principal in a Penal Code § 12022(c) enhancement (see prior bullet point) and knows that another principal is armed with a firearm.  Enhancement – 1, 2 or 3 years.
  • Penal Code § 12022.2(a) – Possession of metal-piercing or armor-piercing ammunition while armed with a firearm during the commission or attempted commission of a felony. Enhancement – 3, 4 or 10 years.
  • Penal Code § 12022.2(b) – Wearing a body vest in the commission or attempted commission of a violent offense.  Enhancement – 1, 2 or 5 years.
  • Penal Code § 12022.3(a) – Using a firearm or deadly weapon in the commission or attempted commission of certain sex crimes.  Enhancement – 3, 4 or 10 years.
  • Penal Code § 12022.3(b) – Defendant is armed with a firearm or deadly weapon in the commission or attempted commission of certain sex crimes.  Enhancement – 1, 2 or 5 years.
  • Penal Code § 12022.4 – Furnishing a firearm to commit a felony.  Enhancement – 1, 2 or 3 years.
  • Penal Code § 12022.5(a) – Personal use of a firearm in the commission or attempted commission of a felony.  Enhancement – 3, 4 or 10 years.
  • Penal Code § 12022.5(b) – Personal use of an assault weapon or machine gun in the commission or attempted commission of a felony.  Enhancement – 5, 6 or 10 years.
  • Penal Code § 12022.53(b) – Personal use of a firearm in the commission or attempted commission of specified violent offenses whether or not the firearm is loaded or operable.  Enhancement – 10 years.
  • Penal Code § 12022.53(c) – Intentional, personal discharge of a firearm in the commission or attempted commission of specified violent offenses.  Enhancement – 20 years.
  • Penal Code § 12022.53(d) – Intentional, personal discharge of a firearm in the commission or attempted commission of specified violent offenses that proximately causes Great Bodily Injury or death to a non-accomplice.  Enhancement – 25 years to life enhancement.
  • Penal Code § 12022.55 – Intentionally causing GBI or death by discharging a firearm from a motor vehicle during commission or attempted commission of a felony.  Enhancement – 5, 6 or 10 years.

Contact Us

If you or someone you care about is facing criminal investigation or criminal charges of any type, or if they are interested in seeking expungement of a past criminal conviction, please contact the criminal defense attorneys at the Weinrieb Law Firm. We can be reached twenty-four hours a day, seven days a week at (818) 933-6555, or through the confidential and secure email form.