Los Angeles Personal Firearm Use Enhancement Attorney

When the prosecution alleges that a firearm was personally used during the commission of a felony in California, the ordinary sentencing range for that felony can skyrocket to 10 years, 20 years, or 25 years to life in state prison under Penal Code § 12022.53, the “10-20-Life” law. A conviction saddled with this enhancement is almost always a life-altering event: the sentence must run consecutively to the punishment for the underlying crime, it usually eliminates probation, limits custody credits, brands the offense a “violent felony,” and exposes non-citizens to removal. These extraordinary stakes demand an equally extraordinary defense strategy tailored to Los Angeles courts, juries, and prosecutors. If you or someone you know has been accused of a crime involving a gun, you must meet with an experienced Los Angeles criminal defense attorney right away.

Below is an up-to-date, in-depth guide to the law, defenses, and strategic considerations our firm deploys for clients facing firearm-use allegations in Southern California.

What Counts as “Personal Use” Under PC 12022.53?

A prosecutor must prove, beyond a reasonable doubt, all of the following before the enhancement may be imposed:

• The defendant was convicted of one of the felonies enumerated in § 12022.53(a) (see next section).
• During the commission or attempted commission of that felony, the defendant personally:
  • menacingly displayed a firearm,
  • discharged a firearm, or
  • discharged a firearm and proximately caused great bodily injury or death.

Vicarious responsibility can also attach under subdivision (e)(1) when the underlying felony is committed for the benefit of, at the direction of, or in association with a criminal street gang, and a principal fires the gun, even if the defendant never touched the weapon.

“10-20-Life” Gun Sentencing Enhancements

• 10-year add-on (§ 12022.53(b)). Personal use of a firearm (brandishing or menacing display) during a listed felony.
• 20-year add-on (§ 12022.53(c)). Personal discharge of a firearm, even if nobody is struck.
• 25 years to life (§ 12022.53(d)). Personal discharge that proximately causes great bodily injury or death to someone other than an accomplice.

Key points:

• Each enhancement is mandatory and consecutive to the base term.
• The enhancement cannot be stayed under § 654.
• If multiple enhancements apply, the court imposes only the greatest.
• Attempted offenses may trigger the same enhancements if the underlying felony is on the statute’s list.

Which Felony Crimes Trigger Personal Firearm Use Enhancements in California?

Only nineteen crimes qualify. In Los Angeles, the ones charged most often include:

• Murder (§ 187)
• Attempted murder (§§ 187/664)
• Kidnapping (§ 207)
• Robbery (§ 211)
• Carjacking (§ 215)
• Rape (§ 261)
• Forcible oral copulation (§ 287(c))
• Mayhem (§ 203)
• Aggravated mayhem (§ 205)
• Sodomy by force (§ 286(c))
• Lewd act on a child (§ 288(a))
• Burglary of an occupied dwelling (§§ 459/460)
• Arson causing injury (§ 451)
• Sexual penetration by force (§ 289(a))
• Assault with intent to commit specified sex offenses (§ 220)
• Assault on a peace officer with a firearm (§ 245(d)(1))
• Possession of a destructive device in a public place (§ 18715)
• Hostage taking (§ 210.5)
• Train wrecking (§ 219)

Any plea or verdict to a lesser, non-enumerated offense automatically eliminates § 12022.53 exposure, which is why strategic charge reductions are a primary defense objective.

How Prosecutors Prove Personal Firearm Use Allegations in Court

• Forensic evidence: firearm operability tests, gunshot residue, trajectory analysis, autopsy findings.
• Eyewitness testimony: percipient witnesses, victims, and co-participants seeking leniency.
• Digital evidence: surveillance video, body-worn cameras, social-media posts showing the weapon.
• Statements: defendant admissions, electronic messages, jail calls, and recorded interrogations.
• Expert opinion: ballistics, gang culture (for subdivision (e)), or use-of-force analysts.

Understanding exactly how the District Attorney intends to prove each element allows the defense to craft surgical attacks, such as a Motion to Suppress (§ 1538.5) evidence obtained through unlawful searches or Pitchess motions to impeach officer credibility.

Legal Defenses Against Personal Use of Firearm Enhancements

• True self-defense/defense of others. If an objectively reasonable belief in imminent harm justified displaying or firing the weapon, the enhancement (and sometimes the underlying felony) must fall.
• No personal use. Demonstrating that the defendant never possessed or displayed the firearm, or that someone else fired it, negates personal-use liability.
• Insufficient proof of GBI or causation. Meticulous medical and forensic cross-examination can downgrade a (d) allegation to (c), or eliminate it, when causation is weak.
• Challenge to the underlying felony. Beating or pleading down the base charge to a non-enumerated offense eliminates § 12022.53.
• Suppression of the firearm. Illegal searches can bar the weapon and related ballistics from evidence altogether.
• Romero-style motions (strike priors) & SB 620 / People v. Tirado discretion to strike or down-grade the enhancement (see next section).
• Mitigation and early intervention. Presenting exculpatory evidence or private-investigator findings to the filing Deputy DA can sometimes avert gun-use allegations before they leave the DA’s office.

Can Judges Strike or Reduce a 12022.53 Firearm Enhancement?

Judges could not dismiss § 12022.53 enhancements for years, even in sympathetic cases. Senate Bill 620 (effective Jan. 1, 2018) changed that, amending subdivision (h) to grant courts discretion “in the interest of justice” to strike or dismiss a firearm enhancement at sentencing or resentencing.

In People v. Tirado (2022), the California Supreme Court clarified that once a court strikes a charged 25-to-life enhancement under subdivision (d), it may impose a lesser, uncharged 20- or 10-year enhancement instead. This decision opened a powerful new avenue for plea negotiations and post-conviction relief.

The defense can now marshal:

• Equitable factors: youth, lack of criminal history, duress, provocation, mental health, restitution efforts.
• Post-offense rehabilitation: education, counseling, military service.
• Disparate sentencing comparisons: co-defendants or county-wide data showing outlier punishment.
• Amicus-supported legal briefs outlining SB 620’s legislative intent.

A persuasive motion can convince a judge either to strike the gun use entirely or, at minimum, substitute the 10-year enhancement for the 25-to-life term, often saving decades behind bars.

Immigration and Life Consequences of Firearm Use Enhancements

• Deportation and inadmissibility: Firearm enhancements tied to crimes of violence or aggravated felonies can render lawful permanent residents deportable and bar naturalization.
• “Violent felony” status (§ 667.5(c)) triggers 85 % custody-credit limits.
• Strike under the Three-Strikes Law when the underlying felony is serious, setting the stage for doubled future sentences.
• Civil firearm prohibitions for life.
• Professional licensing ramifications for medical, legal, and real estate professionals.

Early engagement with an immigration-savvy defense team is essential to craft plea terms that safeguard lawful status whenever possible.

How to Seek Resentencing or Relief from a Gun Enhancement Conviction

Even prisoners already serving 10-20-Life terms can petition for relief:

• SB 620 petitions: retroactive if the conviction was not final on appeal as of January 1, 2018, or via habeas in some cases.
• § 1172.1 / § 1172.6 (formerly 1170.95) resentencing when the underlying felony murder or aiding-and-abetting rules changed.
• Writs & direct appeals citing Tirado, Mataele, and subsequent cases recognizing uncharged lesser enhancements.

Kraut Law Group Criminal & DUI Lawyers, Inc. reviews every gun-enhancement file, new or old, for avenues to shrink exposure or secure a new hearing.

Why Choose Kraut Law Group Criminal & DUI Lawyers, Inc.?

• Former Los Angeles Deputy District Attorney Michael Kraut spent 14 years inside the DA’s Office learning how gun cases are charged, negotiated, and tried.
• Strategic early intervention: Many firearm-use allegations originate with detectives at downtown’s Robbery-Homicide Division or local gang units. We routinely contact the assigned detective and the filing DA to present evidence and legal memoranda before charges are locked in.
• Trial-tested expertise: Our attorneys, forensic consultants, and investigators dismantle eyewitness IDs, expose forensic doubt, and humanize clients to juries.
• Comprehensive mitigation packages: Compelling videos, psychological evaluations, and character letters often sway judges to exercise SB 620 discretion.
• Results-driven negotiation: From Ventura to the Long Beach courthouse, we have secured dismissals, acquittals, and drastic sentence reductions in high-profile gun cases.
• Client-centered communication: You receive candid assessments, 24/7 access, and meticulous preparation for each court date.

Start Building Your Defense Against a Firearm Use Allegation Today

A firearm-use allegation should never be faced alone. The sooner our team is involved, the greater the chance of suppressing evidence, reducing charges, or persuading the court to strike the enhancement entirely. Reach out for a confidential consultation and learn how our strategic approach can protect your freedom and future.

Kraut Law Group Criminal & DUI Lawyers, Inc.
6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028

Call 24/7: 888-334-6344 | 323-464-6453 or use our online form

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