Getting charged with a felony in California is serious enough. But when prosecutors add a firearm enhancement, your exposure jumps dramatically. Suddenly, the question isn’t just whether you’ll go to prison—it’s for how long.
Under California law, using or even possessing a firearm during the commission of certain felonies can result in extra years tacked onto your sentence. These enhancements apply even if the weapon wasn’t fired. Even if you didn’t hurt anyone. Even if it was legally owned.
If you’ve been accused of committing a firearm during felony California offense, there’s no time to waste. Prosecutors treat these cases as high stakes. You need a defense team that does too.
What Is a Firearm Sentencing Enhancement?
California Penal Code § 12022 and related statutes impose additional prison time for individuals who:
- Use a firearm during the commission of a felony
- Are armed with a firearm during the commission of a felony
- Personally discharge a firearm during a felony, causing injury or death
These are known as “enhancements” because they enhance the punishment for the underlying felony—not separate charges, but added time on top of any sentence you already face.
Depending on the circumstances, the added time can range from 1 year to 25 years to life.
Why Enhancements Change the Game
You might be looking at 3 years for a robbery charge. But with a gun enhancement, the sentence could jump to 13 years, 23 years, or even life, depending on what prosecutors allege.
These enhancements are not mandatory in every case, but prosecutors often push them hard—especially when violence, drugs, or gang affiliations are alleged. Judges may have discretion in some situations, but the enhancements can create pressure to accept lengthy plea deals out of fear.
That’s exactly why you need a lawyer who understands how to fight these enhancements from day one.
Examples of How Enhancements Apply
Let’s say you’re accused of burglary. If prosecutors allege you had a firearm with you during the act, they can ask for an enhancement under Penal Code § 12022. You don’t have to fire it or even point it—just having it can add an extra year to your sentence.
Now take a robbery case. If prosecutors allege you used the firearm—say, flashed it at a cashier—they can push for a 10-year enhancement. If they claim you fired it, that could mean 20 years. If someone was hurt, the enhancement could add 25 years to life on top of the base charge.
These are real-world numbers with real-world consequences.
Enhancements Can Be Discretionary—But You Have to Fight
In many cases, judges have the authority to strike or dismiss a firearm enhancement in the interests of justice. But they won’t do it automatically. Your attorney must file the proper motions, make persuasive arguments, and present compelling reasons why the enhancement shouldn’t apply.
This means gathering:
- Mitigating evidence
- Character references
- Medical records
- Proof of rehabilitation
- Proof of lack of intent or knowledge
A solid defense isn’t just about the facts of the case—it’s about how you’re portrayed to the court.
Common Defenses Against Firearm Enhancements
Even if you’re charged with a felony, that doesn’t mean the firearm enhancement will stick. There are several ways a skilled defense attorney can fight back:
1. You Didn’t Have a Firearm
Sometimes enhancements are filed based on assumption or bad witness statements. If you didn’t have a firearm at all, or the prosecution can’t prove it, the enhancement may be dropped.
2. You Weren’t “Armed” Under the Law
Being in the same building as a weapon doesn’t always mean you were “armed.” Your attorney can argue that you didn’t have control over the weapon or didn’t know it was there.
3. You Didn’t Use the Firearm
If prosecutors can’t prove that you displayed, discharged, or otherwise used the weapon during the crime, your lawyer can push to reduce or eliminate the enhancement.
4. Constitutional Violations
If the weapon was found during an illegal search, it might be excluded from evidence entirely. That could collapse both the underlying charge and the enhancement.
5. You Were Misidentified
If this is a case of mistaken identity, a solid defense can expose the flaws in the witness lineup, surveillance footage, or other so-called evidence.
Enhancements Are Negotiation Leverage for the Prosecution
It’s important to understand the psychology of enhancements. Prosecutors often add them not because they expect to prove them—but because it gives them leverage.
A 3-year felony may not scare someone into pleading guilty. But a 3-year felony with a 10-year enhancement? That creates pressure. They use it to extract plea deals—even when the evidence is weak.
Having a smart defense lawyer flips the script. It forces prosecutors to reassess. It opens the door to fair negotiations. It puts you back in control.
Why You Shouldn’t Wait to Lawyer Up
The earlier your attorney gets involved, the more options you have.
If you wait until the arraignment, or even worse, the trial, prosecutors have already set their strategy. But if you hire a defense attorney immediately, they can:
- Present evidence to prevent charges from being filed in the first place
- Convince prosecutors not to include enhancements
- File motions to strike enhancements early in the process
- Start shaping your narrative—not just responding to theirs
Time matters. Strategy matters. And hesitation costs you leverage.
Why Choose David P. Shapiro Criminal Defense Attorneys?
When the stakes are high, you can’t afford guesswork. You need a firm that knows how to push back hard—especially when it comes to enhancement charges.
David P. Shapiro Criminal Defense Attorneys has helped countless clients facing felony charges involving firearms. They don’t take shortcuts. They don’t roll over for the DA. And they don’t treat clients like case files.
What they do is fight—aggressively, intelligently, and relentlessly.
They understand how enhancement law works. They know how to file the right motions. They know what judges listen to. And they know how to turn the pressure back onto the prosecution.
What to Do If You’ve Been Charged
If you or someone you love is facing a felony with a firearm enhancement, take these steps immediately:
- Do not speak to law enforcement
- Do not discuss the case with anyone but your lawyer
- Do not post about the case online
- Hire an experienced criminal defense attorney—fast
- Ask your attorney about a motion to strike the enhancement
Every step you take should protect your rights. And the first step is choosing the right defense team.
Final Thoughts: A Gun Can Add Years to a Sentence—Even If It Wasn’t Fired
California’s firearm enhancement laws are unforgiving. They can turn a relatively short sentence into a decade or more behind bars. They’re designed to be tough—and prosecutors know exactly how to use them.
But just because they’re filed doesn’t mean they’ll stick.
If you’ve been charged with a firearm during felony California offense, you owe it to yourself to fight smart. That starts with getting a legal team that knows how to strike back.
Don’t leave your future to chance. Call David P. Shapiro Criminal Defense Attorneys and find out how you can take control of your case—before the enhancements control your life.
