PC 12022.2 – Firearm Sentence Enhancement: Metal or Armor Piercing Ammunition
Metal or Armor Piercing Ammunition – Table of Contents
what is the Firearm Sentencing Enhancement regarding Ammunition that can Piercing Metal or Armor as defined under Penal Code 12022.2?
Any person who is armed with a firearm or ammunition designed to penetrate metal or armor in their possession while committing a felony or an attempted felony.
What does armed mean as defined under Penal Code 12022.2?
Armed means the accused carries the firearm or ammunition with actual or constructive possession. Actual possession means the accused has physical possession. Constructive possession means that the accused demonstrates authority and or control over the object or the person physically possessing the object in question. Armed also means that the accused knows that a firearm or ammunition is within their possession. Armed also means the accused must know they are carrying an armor-piercing bullet from objectively reasonable ascertainment.
What is a firearm as defined under Penal Code 12022.2?
Any device designed to be used as a weapon from which a projectile by the force of an explosion or other form of combustion is expelled through a barrel. A firearm also includes a rocket, rocket-propelled projectile launcher, or another device in similarity that contains explosive or incendiary material. A firearm can include the unfinished frame or receiver of a weapon that can be readily converted to the functional condition of a finished frame or receiver.
What is ammunition as defined under Penal Code 12022.2?
Ammunition is any bullet, cartridge, magazine, clip, speed loader, autoloader, or projectile that is capable of being fired from a firearm with deadly consequences. Ammunition does not include blanks.
What are considered firearms capable of penetrating metal or armor as defined under Penal Code 12022.2?
Any firearm that can use armor-piercing ammunition can be used to penetrate a body vest or body shield when discharged. This excludes shotgun shells. Armor-piercing ammunition is a projectile or projectile core that can be used with a handgun that is created from a combination of tungsten alloys, steel, iron, bronze, beryllium, copper, or depleted uranium. It must be larger than .22 caliber designs. The total weight of the jacket must be 25 percent of the total projectile.
What is a body vest as defined under Penal Code 12022.2?
A body vest is any bullet-resistant material intended to protect the wearer from ballistic trauma.
What are the penalties for a violation of Penal Code 12022.2?
Any violation of Penal Code 12022.2 can be sentenced to an additional term of 3, 4, or 10 years in State Prison:
When achieved with any felony or attempted felony. Meaning that the underlying offense, no matter the felony once the accused is convicted and sentenced, or pleads to the offense. This requires the Prosecution to separately plead and place this enhancement in the complaint prior to trial, in reference to the circumstance of an amended complaint. The sentencing judge will not sentence the high term unless there are aggravating circumstances. These circumstances must be pleaded at the sentencing hearing.
Any violation of Penal Code 12022.2 can be sentenced to an additional term of 1, 2, or 5 years in State Prison:
When achieved with the following felonies or attempted felonies- only once:
- Voluntary Manslaughter;
- Attempted Murder;
- Oral Copulation by force/duress/menace/or GBI;
- Lewd and Lascivious acts on a child under 14;
- Any felony punishable by death;
- Assault with the intent to commit rape or robbery;
- ADW on a peace officer;
- Assault by a Life Prisoner on a non-inmate;
- ADW by an inmate;
- Exploding a destructive device with the intent to murder;
- Taking hostages by a prison inmate;
- Attempting to commit a felony that is punishable by death or LWOP;
- Any felony where the defendant uses a dangerous weapon;
- Escape by a prison inmate by force;
- ADW with the GBI enhancement;
- Any felony committed to benefit a street gang;
Any felony carrying a lifetime band for a firearm after the first conviction. The sentencing judge will not sentence the high term unless there are aggravating circumstances.
The aggravating circumstances must be pleaded at the sentencing hearing.
If you are charged with a violation of a California Penal Code that has an enhancement listed in the complaint California Penal Code 12022.2, call Esfandi Law Group, APLC.
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