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Penal Code 12022.4 PC | Aiding or Abetting a Felony Using a Firearm

 

Penal Code 12022.4 PC | Aiding or Abetting a Felony Using a Firearm

In California, Penal Code 12022.4 PC is a sentencing enhancement that can apply when someone aids or abets a felony while furnishing a firearm. This law imposes additional penalties for providing a gun to assist with serious crimes.

Let’s take a closer look at how this firearm enhancement works, penalties, legal defenses, and related charges for supplying guns to aid felonies.

What is Penal Code 12022.4 PC?

California’s law on aiding a felony with a firearm contains two main elements:

  • You furnished, supplied, or gave possession of a firearm to another person
  • You did so with the knowledge that the firearm would be used in the commission or attempted commission of a felony

“Furnishing” a firearm means directly or indirectly providing someone with a gun. You do not need to actually use the firearm yourself.

Some examples of violating PC 12022.4 include:

  • Giving your friend a handgun to use in a planned bank robbery
  • Loaning someone a rifle that you know they will use to assault someone
  • Selling guns to a gang member who says they need them for drive-by shootings

The law focuses on your intent in providing the firearm used during a felony.

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2024-03-21
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Penalties for Violating Penal Code 12022.4 PC

Aiding a felony with a firearm under this statute is a sentencing enhancement in California. This means it adds additional penalties to the sentence for the underlying felony conviction.

If convicted, PC 12022.4 can add:

  • 3, 4, or 10 years to a felony sentence

Factors that can increase the additional term to 4 or 10 years include furnishing an assault weapon, machine gun, or .50 BMG rifle.

Legal Defenses to Penal Code 12022.4 Charges

Potential defenses to being charged with this enhancement may include:

  • You did not actually furnish a firearm to anyone
  • You did not know the person intended to use the firearm for a felony
  • No felony was actually committed involving the firearm
  • You were falsely accused or wrongly identified

An experienced criminal defense attorney can evaluate the details of your case and advise you of all potential defenses.

Related Crimes for Supplying Firearms to Aid Felonies

While PC 12022.4 deals with furnishing guns during felonies, other related laws include:

  • PC 12022.4(b) – Supplying firearms to a street gang
  • PC 12021 – Possession of a firearm by a prohibited person
  • PC 27590 – Supplying firearms to a minor

An attorney can help distinguish aiding a felony with a firearm from these other firearm offenses.

Penalties for Conviction Under Penal Code 12022.4

Being convicted under California’s law prohibiting supplying firearms to aid felonies can negatively impact your life for years. Consequences may include:

  • Prison time added to your sentence
  • A strike on your record under California’s Three Strikes law
  • Felony probation or parole terms
  • Prohibition on owning firearms

An experienced criminal defense lawyer can help you understand and fight the penalties you face under PC 12022.4.

Fighting Allegations of Aiding Felonies with Firearms

Being charged with furnishing firearms to assist serious crimes can completely derail your life. But skilled legal representation can help avoid harsh penalties.

A knowledgeable criminal defense attorney will carefully examine if the prosecution can prove every element of PC 12022.4 beyond a reasonable doubt. This includes showing you knowingly provided a firearm to aid a felony.

In some cases, charges may potentially be reduced or dismissed with an assertive legal defense. Don’t leave your fate to chance. An experienced lawyer can make all the difference in how your case plays out.

 

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