California Penal Code 12022.5 – Firearm Enhancement 

Overview 

Penal Code 12022.5 PC is a sentencing enhancement that adds extra prison time when a person personally uses a firearm during the commission of a felony. It doesn’t require firing the gun—just displaying, brandishing, or using it in any meaningful way during the crime can trigger the enhancement. 

Firearm enhancements are often used by prosecutors to increase sentencing pressure in robbery, assault, and gang-related cases. But these enhancements are not mandatory in all cases, and recent changes in California law give judges more discretion to strike or dismiss them in the interest of justice. 

At Jones Trial Attorneys, we fight to prevent firearm enhancements from being added—or convince the court to strike them—so you don’t serve extra years in prison based on circumstances the prosecutor overstates. 

Legal Definition 

Penal Code § 12022.5(a) states: 

“Any person who personally uses a firearm in the commission of a felony shall, in addition and consecutive to the punishment prescribed for that felony, be punished by an additional and consecutive term of imprisonment…” 

“Use” of a firearm includes: 

• Firing the weapon 

• Pointing it at someone in a threatening manner 

• Brandishing it to intimidate or coerce 

• Using it to strike someone 

Simply having a firearm is not enough—the prosecution must prove you personally used it during the felony. 

Penalties Under PC 12022.5 

If proven, PC 12022.5 adds: 

• 3, 4, or 10 years to the sentence for the underlying felony 

The enhancement must be served consecutively—meaning the time is added on top of the base sentence. In many cases, it turns a relatively short prison term into a decade or more behind bars. 

The court may strike or dismiss the enhancement under Penal Code 1385, but this is entirely discretionary and requires skilled advocacy. 

Common Charges That Involve PC 12022.5 Enhancements 

• PC 245 – Assault with a Deadly Weapon 

• PC 211 – Robbery 

• PC 664/187 – Attempted Murder 

• PC 246 – Shooting at a Dwelling 

• PC 459 – Burglary (armed entry) 

• PC 186.22 – Gang Cases with Firearm Allegations 

Defenses to Firearm Enhancements 

We challenge firearm enhancements using several strategies: 

• You didn’t personally use the firearm – Someone else did 

• The weapon wasn’t functional or wasn’t used in a threatening way 

• You weren’t involved in the underlying felony 

• You acted in self-defense 

• The firearm allegation is untrue or exaggerated 

• Judicial discretion – We file motions to strike the enhancement when appropriate 

We also present mitigation and personal history to support a dismissal of the enhancement at sentencing. 

Recent Legal Developments: Judicial Discretion Expanded 

Thanks to SB 620 (2018), judges now have discretion to strike or dismiss firearm enhancements in the interest of justice. This means: 

• Firearm enhancements are no longer mandatory, even in serious felony cases 

• Sentencing can be more flexible, especially for first-time offenders or youthful defendants 

• Post-conviction relief may be available for those sentenced under the old mandatory regime 

Immigration and Collateral Consequences 

A firearm enhancement can: 

• Turn a non-strike offense into a strike offense 

• Lead to deportation or inadmissibility for non-citizens 

• Extend parole ineligibility and impact sentence credits 

• Increase restitution amounts and limit plea options 

Related Enhancements and Offenses 

• PC 12022 – Armed with a Firearm During a Felony 

• PC 12022.53 – Use of Firearm in Specified Felonies 

• PC 245 – Assault with a Firearm 

• PC 29800 – Felon in Possession of a Firearm 

How Jones Trial Attorneys Can Help 

We treat firearm enhancements seriously—because they often double or triple the sentence exposure in a case. Our approach is to challenge the enhancement, negotiate from strength, and if necessary, petition the court to strike the firearm allegation under PC 1385. 

💼 Free consultations 

⚖️ Proven experience with strike cases and sentencing enhancements 

📍 Based in San Diego, representing clients statewide 

Facing a Firearm Enhancement Under PC 12022.5? Let’s Fight It. 

Call us at (866) JTA-WINS or Schedule a Free Consultation using the form below.