Will District Attorney’s New Policies Protect You if You’re Involved with a Gun Violence Case in Los Angeles?
This is a good question because gun violence is on the rise. It’s all over the news that people are using weapons on the road with road rage, gang members are shooting people.
People are using guns in all sorts of situations in LA county, which is a huge metropolis.
So, the DA is going to get a lot of these cases and people are going to be searching for criminal defense attorneys and trying to figure out what might happen to them.
If you’re in that position, one good thing is that District Attorney Gascon has tried to force all of his prosecutors in Los Angeles County not to use gun enhancements against people.
Gun Enhancement Laws in California
So, that actually might help somebody. A lot of things that I’m seeing now is that, the prosecutors are ignoring him in large part.
However, some of them, instead of using a 10-year gun enhancement, where if you use a gun to commit a crime, there’s 10 years tacked on the back of your sentence.
This is in addition to whatever you get for the substantive crime, I’m seeing them use the old gun law, which was never abolished off the books, so you could possibly get 3, 4 or 10 years.
So, that actually helps some people who, for example, commit a robbery and are looking at a minimum of 12 years, because if they get the low term plus the 10-year gun enhancements, and then they have to serve 85% of that.
That’s a big chunk of time. Now, arguably, the prosecutors might consider using the old gun law. Sometimes, they’ll even strike the gun enhancement now because of Gascon’s gun policy.
Sentencing enhancements for possession or use of a firearm while committing a felony crime include:
- Penal Code 12022 PC — armed with a firearm while committing a felony;
- Penal Code 12022.2 PC — possession of ammunition to penetrate armor;
- Penal Code 12202.3 PC — use of firearm to commit certain sex crimes;
- Penal Code 12022.4 PC – furnishing a firearm to aid in a felony crime;
- Penal Code 12022.5 PC — personal use of assault weapons;
- Penal Code 12022.53 PC — personal use of a firearm during a felony;
- Penal Code 12022.55 PC — discharging a firearm from a car during felony.
Criminal Defense for Weapons Charges
So, the answer to the question is, absolutely. His new policies could help somebody in a situation where they’re using a gun.
It obviously depends on the facts and circumstances. The more egregious the situation, the less likely DA Gascon and his regime are going to be able to stop prosecutors who are actually in charge of the cases from inflicting huge sentences against people who are committing gun-related offenses.
For example, there’s a case in the news right now of some sort of road rage and individuals allegedly shot and killed a young child.
It’s unlikely that Gascon’s policies are going to help those people. Not even he can intervene in that and cause the people not to feel the wrath not only of the gun enhancement, but obviously, the murder charge that’s going to ensue. Judges are going to be able to sentence the person.
So, the more public and more egregious that the gun-related offenses in LA, the more likely that his new policies are not going to help the person that is charged with that crime.
If you can get some sort of an angle that fits within the framework of why the new head District Attorney has cut some of these gun laws and got rid of them and told his prosecutors not to allege them and use them against people, then you put yourself in a position to get a lighter sentence.
And obviously, that’s where an experienced criminal defense attorney comes in. I’ve been dealing with gun law cases now for the past 28 years. I’ve seen the worst situations. I’ve seen the situation now where the pendulum has shifted in criminal defendant’s favor.
Pick up the phone. Ask for a meeting with Ron Hedding. I stand at the ready to help you.
Hedding Law Firm is based in Los Angeles County. We offer a free case evaluation by calling (213) 542-0940
Categorised in: Violent Crimes