10-20 Life | Penal Code § 12022.53

Description

The charge of 10-20 Life is a sentence enhancement and is known as the “use a gun and you’re done” law. The use of a firearm in the commission of murder, mayhem, kidnapping, robbery, carjacking, assault on a police officer, rape, sodomy, may trigger this sentence enhancement. If the charge is upheld the enhancement is in addition, and consecutive, to the underlying felony conviction.

What does the prosecutor have to prove?

1. Defendant personally used a firearm.
2. Defendant used the firearm in the commission or attempted commission of any of the following felonies..(see Penal Code section 12022.53)

Punishment

Felony: (use of a firearm) 10years/10years/10years
(discharging a firearm) 20years/20years/20years
(bodily injury) 25 years-Life

 

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?	No
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?	No