Personal Use of Firearm–Sentencing Enhancement | Penal Code § 12021.55-12022.55

Description

If you fire a gun from a vehicle in the commission of a felony a Personal Use of Firearm Sentencing Enhancement may apply. The law provides that a person who, with the intent to inflict great bodily injury or death, inflicts great bodily injury, or causes the death of a person, other than an occupant of a motor vehicle, as a result of discharging a firearm from a motor vehicle in the commission of a felony may be sentenced an additional and consecutive term of imprisonment.

What does the prosecutor have to prove?

1. Defendant discharged a firearm from a motor vehicle.
2. Defendant committed the offense with the intent to inflict great bodily injury or death.
3. The injury was inflicted while in the commission or attempted commission of a felony.

Punishment

Felony: 5years/6years/10years

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	Yes
Is this charge a “serious felony”	Yes
Is this charge a “violent felony”	Yes
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	No
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	Yes