Certain series of Penal Code Sections in California add an enhanced charge to already existing charges. California Penal Code §12022 is one such enhancement.
The relevant code section states that "any person who is armed with a firearm firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment". This code section does not stand by itself, it is added upon another charge.
For example, David steals a television from a next door neighbor that is worth $1,000. During the theft, the neighbor was home and David took out his firearm, threatened the neighbor and took the television. There is plenty of evidence and David is not only charged but also convicted of a felony under the theft statute. However, when the sentence is given, David is not only charged with grand theft, he is also charged under California Penal Code §12022, because he used a firearm to commit an offense.
In comparison, let's say that David went to the store and used his father's firearm to steal a $50 video game. This is a misdemeanor charge and does not rise to the level of a felony because of the monetary value of the item stolen. It is petty theft. Section 12022 will only be applicable when a firearm is used in the commission of a felony, because there was no felony, this section will not be triggered. That is not to say that the person won't be charged with a different firearm charge, it just won't be under this section as an enhancement.
Furthermore, if a person is caught with a firearm, not during the commission of a crime, they will not be charged under 12022. They will likely be charged with a possession of a firearm, but not as an enhanced sentence.
If a person is convicted under this section, their sentence will be added by up to an additional year in State prison. This additional term is on top of the sentence they are already serving for the commission of the crime.
A person who is convicted of a robbery will serve anywhere between 3 to 9 years in state prison. If a person uses a firearm in the commission of a robbery and are sentenced to 6 years, they may serve an additional 7 if there is an additional charge of California Penal Code §12022.
This is a serious charge and is in addition to a felony. The felony itself is extremely serious and will warrant a severe punishment. An experienced Los Angeles criminal defense attorney can fight to have the additional enhancement dismissed, so that the only time a person is serving, if they serve time for the felony, is what the legislative sentence is for the felony alone.
