California law has a large array of criminal enhancements under which defendants may face additional punishment. Fighting such enhancements – including a Three-Strikes or gun conviction – can impact both your current case and the amount of time you may face in the event of an arrest and conviction in the future.

Santa Ana Criminal Defense Attorney Houman Fakhimi and our Criminal Defense Team represent clients facing felony charges throughout Orange and Los Angeles counties. Enhancement defense in Southern California can shave years off a potential sentence and keep a defendant from facing more serious penalties in the future.

• Gang Enhancement: California Penal Code 1866.22: Provides for enhancements when a defendant is an active participant of a street gang. A judge may sentence a defendant to an additional four years. Serious felonies may result in an increase of 5 years. Violent felonies can result in an additional 10 years behind bars.
• Personal Use of a Firearm: Penal Code 12022PC provides for additional penalties for being armed or for using a firearm during the commission of a felony. Using armor piercing ammunition or using a firearm in connection with a sex crime also carry additional penalties. The “10-20-Life” enhancement means an additional 10 years to life in prison for using a gun in a robbery.
• DUI Enhancements: Speeding, having a child in the car or being involved in an accident can lead to criminal enhancements in DUI cases.
• Three-Strikes Law: One of the toughest laws in the nation, Three-Strikes can mean a life sentence, even for conviction of a non-violent felony by a strike offender. Significant increases in prison time and an inability to qualify for probation or other alternative sentencing measures can also result.
• Great Bodily Harm Enhancements: Enhancements for injuries can be present in crimes ranging from hit-and-run accidents to armed robbery and can result in the addition of years behind bars.
• Prior Crime Enhancements: Conviction for a serious felony can result in a 5-year enhancement in cases where a defendant has a prior violent felony.
• Sex Crime Enhancements: Those convicted of certain sex crimes can face an additional 5 years for each eligible prior criminal conviction.
• Drug Crime Enhancements: Those convicted of previous drug crimes may face an additional three years for each prior conviction.
• Carjacking Enhancement: A prior conviction can result in a 5-year enhancement. Use of a deadly weapon can result in an enhancement of up to 3 years.

Additionally, any number of crimes can be charged as misdemeanors or felonies. And, while not always charged as enhancements per se, state discretion in filing charges can impact a wide range of criminal cases.

• Those convicted of sex offenses can face stiffer penalties in connection with the youth of an alleged victim.
• Hit-and-run suspects can face more serious charges in the event of serious injury or death.
• Theft, vandalism and other charges can depend upon the amount of theft or damage allegedly involved.
• Traffic charges can be enhanced if alcohol or carelessness are involved.
• Many charges can be filed either as misdemeanor or felony charges under California law.

In many cases, defending against an enhancement can be as important as defending against the underlying charge. And when a charge can be reduced from a felony to a misdemeanor, a defendant often has a clear path to an easy victory.

However, the laws are complex. And an experienced Orange County criminal defense attorney should be consulted at the earliest stage of such cases. Even when the state has offered what you believe to be a reasonable plea. Making a plea to an enhanced charged can result in serious legal consequences down the road – even when the end result today is a lenient sentence.

Each case is unique. Talk to an experienced criminal defense firm in Southern California and negotiate from strength.

If you are facing a serious felony charge or criminal enhancement in Los Angeles, Santa Ana or Rancho Cucamonga, contact the Southern California Criminal Defense Team for a free and confidential consultation to discuss your rights.