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The California statute Penal Code 12022.2 PC imposes a firearm sentencing enhancement for anyone who commits a violent offense while equipped with a firearm and in immediate possession of ammunition designed to puncture metal or armor, or who wears a body vest while committing a violent criminal.
Under this statute, the enhancements subject a defendant to a prison term in the California state prison. This period runs consecutive and in addition to the sentence imposed for the underlying felony charge.
Pursuant to this code section:
The best possible defenses to 12022.2 PC charges
Fortunately, there are a number of legal defenses that can be used to dispute the statute’s enhanced penalties. These include proving that the defendant:
The California criminal defense attorneys of Spodek Law Group will show you the following in this article:
1. What exactly is the legislation under Penal Code 12022.2?
2. What sentencing enhancements are there for committing a felony with metal piercing ammo?
3. What sentencing enhancements are there for committing a felony while wearing a body vest?
4. What are the best legal defenses to challenge PC 12022.2 charges?
5. What are the related offenses?
What exactly is the legislation under Penal Code 12022.2?
The California statute Penal Code 12022.2 PC creates a firearm sentencing enhancement for anyone who:
Any bullet-resistant material intended to offer ballistic and trauma protection for the wearer is referred to as a “body vest.”
What sentencing enhancements are there for committing a felony with metal piercing ammo?
In cases where a defendant is found in possession of metal- or armor-piercing ammunition while committing a criminal, he faces a penalty of three, four, or ten years in prison. This term runs consecutively and in addition to the underlying crime’s punishment.
It is worthy of note that, without aggravating or mitigating circumstances, the judge must sentence a defendant to four years in prison under this provision. Otherwise, the judge will exercise his or her discretion in determining the appropriate penalty. At the time of the sentence, the judge must express the grounds for his or her decision on the record.
What sentencing enhancements are there for committing a felony while wearing a body vest?
If the accused wore a body vest while committing or attempting to commit a violent offence, he will be sentenced to an additional one, two, or five years in California State Prison. Unless there are aggravating or mitigating factors, the court must sentence the defendant to the minimum one-year enhancement. Again, at the time of sentencing, the court must put the reasons for its enhanced decision on the record.
What are the best legal defenses to challenge PC 12022.2 charges?
If a person is accused of violating this statute, then he can challenge the accusation by raising a legal defense. A good defense can often get a charge reduced or even dismissed.
The “No Felony” defense
California Penal Code 12022.2 is only applicable if the defendant has been convicted of a felony. As a result, it is always a defense for an accused to demonstrate that there was no underlying felony offense. Perhaps the defendant committed a misdemeanor or violation in California.
The “Coerced Confession” defense
According to California State law, police officers may not use excessive force to extract a confession. If a party can establish that the police coerced him into confessing to a crime he didn’t do, the confession may be excluded from evidence or the case may be dismissed entirely if the party confessed to a crime he didn’t commit.
The “Falsely Accused” Defense
Sadly, false allegations are frequently used to prosecute people. Jealousy, vengeance, and anger are among reasons why people are wrongly accused. As a result, a defendant’s claim that he was wrongly accused of breaking Penal Code 12022.2 is a legitimate defense.
What are the related offenses?
There are three crimes related to possessing metal piercing ammo while committing a felony. These are:
For additional help…
We urge you to contact us for a free, confidential consultation if you or someone you know has been charged with a crime under Penal Code 12022.2 PC.We can handle your free consultation in person or by phone. We serve our clients in the greater Los Angeles area, the San Fernando Valley, Orange County, Ventura, Long Beach, Riverside, Pasadena, San Bernardino, Rancho Cucamonga, San Diego, Napa County, Oakland, San Francisco, Sacramento, San Jose and throughout the State of California.
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