May 16, 2025 | Gun Crimes
California takes weapon-related offenses seriously—and when a firearm or other weapon is involved in the commission of another crime, the legal consequences escalate quickly. Whether you’re charged with robbery, drug possession, assault, or burglary, the presence of a weapon can lead to sentence enhancements, felony charges, and long-term penalties that go far beyond the base offense.
At Perlman & Cohen Los Angeles Criminal Lawyers, we’ve represented countless clients in Los Angeles who were charged not only with a primary crime, but also faced enhanced penalties for being armed or using a weapon. In many cases, we’ve been able to get these enhancements dropped or reduced, helping our clients avoid years of additional prison time.
In this article, we explain how California handles weapon enhancements, the laws that govern these cases, and what defense strategies can be used to fight the charges—or reduce the penalties.
What Is a Weapon Sentence Enhancement in California?
A sentence enhancement is an added penalty on top of the punishment for the underlying crime. In weapon-related cases, enhancements often apply if the defendant:
- Was armed with a weapon
- Used a weapon during the commission of a felony
- Intentionally discharged a firearm
- Caused great bodily injury or death using a weapon
These enhancements are applied under California Penal Code § 12022–12022.53, depending on the specific facts of the case.
Importantly, a weapon enhancement is not a separate charge—it’s an additional punishment the prosecution seeks if they can prove a weapon was involved.
Penal Code § 12022: Being Armed with a Weapon During a Felony
This enhancement applies when a person is armed with a weapon during the commission or attempted commission of certain felonies—even if the weapon wasn’t used.
Examples include:
- Carrying a weapon while committing burglary
- Being armed during drug trafficking or manufacturing
- Having a weapon during a robbery, even if not brandished
Punishment:
An additional 1 to 5 years in state prison, depending on the offense and whether the weapon was personally used or just present.
Penal Code § 12022.5: Using a Weapon During a Felony
This applies when a weapon is actually used in the commission of a felony. “Use” means the weapon was displayed, fired, or used to intimidate a victim.
Punishment:
An additional 3, 4, or 10 years in prison. This applies to felonies like assault with a deadly weapon, carjacking, and domestic violence.
Penal Code § 12022.53: “10-20-Life” Law
Known as the “10-20-Life” law, this enhancement dramatically increases prison time when a weapon is used during serious felonies, including:
- Murder
- Robbery
- Rape
- Kidnapping
- Carjacking
Punishment:
- 10 years: If the weapon was used (e.g., shown, pointed, or brandished)
- 20 years: If the weapon was fired
- 25 years to life: If someone was injured or killed as a result
These enhancements are mandatory if proven—meaning judges cannot reduce or eliminate them unless the prosecution agrees or specific legal challenges are raised.
What Counts as “Using” a Weapon in These Cases?
Prosecutors do not have to show that the weapon was fired. Under California law, “use” of a weapon can mean:
- Brandishing the weapon
- Pointing it at someone
- Threatening with the weapon in hand
- Using the weapon as a show of force
Even if the weapon was not loaded—or never discharged—these facts may still trigger a severe enhancement.
What If the Weapon Belonged to Someone Else?
You can still face enhancement charges even if:
- The weapon belonged to another person
- The weapon was never used but was present in the car or location
- You were unaware of the weapon’s presence (in certain constructive possession cases)
However, your level of knowledge and control over the weapon can be critical in building your defense.
Federal Charges for Weapon Use During Crimes
Federal law also contains weapon enhancements under 18 U.S. Code § 924(c), particularly for cases involving:
- Interstate drug trafficking
- Bank robbery
- Federal fraud schemes
- Organized crime (RICO)
Federal weapon enhancements can include mandatory minimums of 5 to 25 years, and sentences must be served consecutively to any base sentence.
Real-World Example: How a Weapon Enhancement Changes a Case
Base charge: Robbery
Standard penalty: 2–5 years in state prison
With enhancement:
- +10 years for using a weapon under PC § 12022.53(b)
- Total sentence: 12–15 years
This enhancement can double or triple the sentence—and makes the person ineligible for probation or early release programs.
How Perlman & Cohen Los Angeles Criminal Lawyers Defends Against Weapon Enhancements
Our defense approach is tailored to the specific facts of each case. We analyze every detail, including how the weapon was discovered, who had control, and whether the enhancement applies as a matter of law.
1. Challenging the Underlying Felony
If we can weaken or dismiss the underlying felony charge, the enhancement automatically falls away.
2. Disputing “Use” or “Armed” Allegations
We argue that the weapon was not used or under your control. Was it visible? Loaded? Carried by someone else? These details matter.
3. Illegal Search or Seizure
If the weapon was found during an unconstitutional search, we may file a motion to suppress under the Fourth Amendment, removing the weapon from evidence entirely.
4. Romero Motion (Dismiss Enhancement)
Under People v. Romero, courts have discretion to strike certain enhancements in the interest of justice. We file Romero motions when appropriate to reduce sentencing exposure.
5. Negotiated Plea Agreements
If dismissal isn’t possible, we work with prosecutors to negotiate removal of the enhancement in exchange for a plea on the base offense, significantly reducing potential prison time.
What to Do If You’re Charged with a Weapon Enhancement
Do not assume the court will show leniency just because the weapon wasn’t fired or no one was injured. These enhancements are often applied aggressively, and the penalties are severe—even for first-time offenders.
If you’re facing charges for a crime involving a weapon:
- Do not speak to police without an attorney present
- Do not try to explain or justify the presence of the weapon
- Preserve any evidence or communications that support your defense
- Contact an experienced criminal defense lawyer immediately
Why Choose Perlman & Cohen Los Angeles Criminal Lawyers for Weapon-Related Cases?
At Perlman & Cohen Los Angeles Criminal Lawyers, we have defended hundreds of clients in weapon-related cases across Los Angeles. We understand the complexities of California sentencing enhancements and how to challenge them effectively. Our clients include:
- First-time offenders caught in difficult situations
- Individuals who didn’t know a weapon was present
- Defendants facing stacked charges from aggressive prosecutors
- Clients charged in both state and federal courts
We work quickly, discreetly, and aggressively to protect your future.
Facing a Weapon Enhancement in California? Let Us Help.
Weapon enhancements can dramatically change the outcome of your case—adding years to your sentence and limiting your options for probation or early release. Don’t face this challenge alone.
Contact Perlman & Cohen Los Angeles Criminal Lawyers today for a confidential consultation. We serve clients across Los Angeles and Southern California and are ready to start building your defense immediately.
Protect your rights. Protect your future. We’re ready to stand between you and the system.
We have a convenient location in Los Angeles, CA.
Perlman & Cohen Los Angeles Criminal Lawyers
355 S Grand Ave Suite 2450, Los Angeles, CA 90071
(310) 557-1700
Available 24/7