LET’S TALK CRIMINAL GUN ENHANCEMENTS (AB1509)

Under California gun laws, a sentence for a felony case can be “enhanced” if a gun was possessed or used during the commission of a crime. These laws can extend sentences well beyond the maximum punishment for the principal crime itself. If there are multiple enhancements or more than one enhancement, the punishment imposed will be the longest possible sentence.

When the underlying felony offense is a serious drug offense, a serious sex offense, or a violent offense, the firearms sentencing penalty will be increased even further. Having a criminal history or prior felony conviction can complicate things and result in additional time. It all adds up!

For these reasons it is critical to differentiate the type of firearm involved, whether someone else may have used the gun, whether the gun was used or simply present, and if the gun was or was not found during an illegal police search. These points can all lead to varying legal defenses to California firearms sentencing enhancements. What Does This Mean If A Gun Was Found And Is Being Charged As An Enhancement?

Typically the prosecution will want to charge anything and everything that they believe will “stick”. Whenever a firearm is involved in any way in or around the commission of a crime, you can expect to see a charge filed and enhancement alleged.

While there have been many legal challenges to enhancements – including SB620 which allows judicial discretion not to impose firearm sentencing enhancement after January 1, 2018 – Judges being allowed to “strike” these enhancements may not do so.

AB1509 (Assembly Bill 1509) is a law that would remove or drastically reduce gun enhancements to crimes. This Bill, while currently still in committee, is likely to pass and would eliminate gun enhancements retroactively in California. Of course, a defense team that is on top of the legal opportunities for gun enhancements to be removed will argue aggressively to eliminate the enhancements and prevent any additional sentence from being imposed. What Do I Do Now?

If you or a relative or friend is currently in custody or charged with a crime; you must seek professional counsel about eliminating enhancements. There is legal research and work to do. It is critical you consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience fighting gun enhancements successfully at every level (preliminary hearing/pretrial/trial/sentencing/post-conviction/appeal). Remember, you cannot have a passive defense. You must be prepared, file worked up, and with your defense team you have the best opportunity to eliminate enhancements and sentence extensions. Contact us now for a Free Consultation.

LA DA GEORGE GASCON CONTINUES TO MAKE WAVES WITH PAROLE CHANGES

Since being sworn in as Los Angeles County District Attorney in December 2020, George Gascon has hardly been out of the headlines. From eliminating sentence enhancements for hate crimes and dismissing gang enhancements to removing firearm allegations and continuing to push for resentencing and sentence commutation; Gascon has shown himself to maintain a progressive approach focused on rehabilitation. His latest changes to the DA’s office have been highly controversial.

Gascon has announced that prosecutors will not be present at parole board hearings to oppose prisoners’ release. Instead, LA’s new DA is creating a new policy to have prosecutors support the granting of parole and early release in writing. This is working off an assumption that prisoners have been rehabilitated and deserve clemency. If a prisoner is high-risk, the policy will mean prosecutors retain neutral on – instead of opposing – the granting of parole. This leaves the decision up to the parole board based on the prisoner’s record and arguments for release.

Gascon’s position that “people evolve” and are deserving of a fair chance at release is consistent with his message of supporting rehabilitation and release. Of course there has been major backlash for this change in department policy. Victims, victims’ families, and advocates believe that this decision leaves the door open for dangerous individuals to be released. Supporters of the new change believe the prosecutors did their part in convicting the individuals and they now deserve a fair chance at being granted parole without objection from an outside party.

What Does This Mean If I Am Or A Loved One Is In Prison?

Gascon’s changes to the approach to California parole are the biggest in decades. Never before has a DA made such major progress toward improving incarceration figures and inmate release. Gascon reminds the public that the original sentence carried the opportunity for parole, which means granting prisoners this fair chance is well within the original sentence. This move by Gascon is the latest in a complete shift in the DA’s office approach to fairness, rehabilitation, and progress in prosecution.

Having your defense attorney review your case and prepare for your parole board hearing is critical. Your attorney will work tirelessly at properly seizing the opening for release before you and covering everything the parole board will want to review. This will result in you being as well prepared as possible to obtain relief and the possibility of parole being granted.

What Do I Do Now?

If you or a relative or friend is currently in custody; you must seek professional counsel about parole options. It is never too early. It is critical you consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience arguing cases successfully before parole boards and seeing prisoners through to release. Remember, you cannot leave your release up to chance. You must be prepared, file worked up, and with your defense team you have the best opportunity. Contact us now for a Free Consultation.