California Defense Attorneys: PCP Charges and Firearms

PCP and Firearms

A California PCP conviction carries extremely harsh consequences, and the punishment can be increased substantially by factors known as sentencing enhancements. One possible sentencing enhancement in a California PCP offense case can be filed when you're accused of using a firearm during the commission of the offense or merely having access to one.

If you're charged with a California PCP offense, you need a skilled drug lawyer ensuring that your rights are protected. Experienced California defense attorneys from The Kavinoky Law Firm has the advanced legal skills needed to aggressively fight your PCP charge.

Sentencing enhancements in California PCP cases must be proven beyond a reasonable doubt just like the underlying drug charge or you cannot receive additional punishment. If you aren't convicted of the underlying drug charge, you cannot be convicted of or punished for a sentencing enhancement.

These are the gun-related sentencing enhancements that can be filed in a California PCP case:

Code Section

Enhancement

Sentence

11550e

11550 (under the influence) while in personal possession (including passenger compartment of vehicle) of loaded, operable firearm

Misdemeanor or 16-2-3

11370.1

11377 (possession) while armed (available for offense/defense) with a firearm (loaded or unloaded, operable or inoperable)

2-3-4
No diversion, no deferred entry of judgment

PC 12022c

11378.5 or 11379.5 (or attempt) while armed (available for offense/defense) with firearm (loaded or unloaded, operable or inoperable)

Full consecutive 3-4-5
(if vicarious 12022d
add 1-2-3

PC 12022a

Armed with a firearm (loaded or unloaded) in the commission of any felony

Add one year

A firearm enhancement can add substantially to your sentence in a California PCP case, so it's in your best interest to mount an aggressive defense to the charges. A knowledgeable California drug lawyer from The Kavinoky Law Firm has the advanced legal skills needed to aggressively defend a PCP case. Contact a skilled California defense attorneys today at 1.800.NO.CUFFS for a free consultation.

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