PC 12022.1: Committing New Felony While Out on Bail or OR

Legal Definition: “(a) For the purposes of this section only:

(1) “Primary offense” means a felony offense for which a person has been released from custody on bail or on his or her own recognizance prior to the judgment becoming final, including the disposition of any appeal, or for which release on bail or his or her own recognizance has been revoked. In cases where the court has granted a stay of execution of a county jail commitment or state prison commitment, “primary offense” also means a felony offense for which a person is out of custody during the period of time between the pronouncement of judgment and the time the person actually surrenders into custody or is otherwise returned to custody.

(2) “Secondary offense” means a felony offense alleged to have been committed while the person is released from custody for a primary offense.

(b) Any person arrested for a secondary offense that was alleged to have been committed while that person was released from custody on a primary offense shall be subject to a penalty enhancement of an additional two years, which shall be served consecutive to any other term imposed by the court.

(c) The enhancement allegation provided in subdivision (b) shall be pleaded in the information or indictment which alleges the secondary offense, or in the information or indictment of the primary offense if a conviction has already occurred in the secondary offense, and shall be proved as provided by law. The enhancement allegation may be pleaded in a complaint but need not be proved at the preliminary hearing or grand jury hearing.

(d) Whenever there is a conviction for the secondary offense and the enhancement is proved, and the person is sentenced on the secondary offense prior to the conviction of the primary offense, the imposition of the enhancement shall have stayed pending imposition of the sentence for the primary offense. The stay shall be lifted by the court hearing the primary offense at the time of sentencing for that offense and shall be recorded in the abstract of judgment. If the person is acquitted of the primary offense the stay shall be permanent.

(e) If the person is convicted of a felony for the primary offense, is sentenced to state prison for the primary offense, and is convicted of a felony for the secondary offense, any sentence for the secondary offense shall be consecutive to the primary sentence and the aggregate term shall be served in the state prison, even if the term for the secondary offense specifies imprisonment in county jail pursuant to subdivision (h) of Section 1170.

(f) If the person is convicted of a felony for the primary offense, is granted probation for the primary offense, and is convicted of a felony for the secondary offense, any sentence for the secondary offense shall be enhanced as provided in subdivision (b).

(g) If the primary offense conviction is reversed on appeal, the enhancement shall be suspended pending retrial of that felony. Upon retrial and reconviction, the enhancement shall be reimposed. If the person is no longer in custody for the secondary offense upon reconviction of the primary offense, the court may, at its discretion, reimpose the enhancement and order him or she recommitted to custody.”

To be found guilty under PC 12022.1 the prosecution must prove that you intentionally:

1. You were released from custody on bail after allegedly committing a primary (felony) offense;
2. You then committed a secondary offense.

What does this mean?

This enhancement applies when you are re-arrested after posting a bail bond, demonstrating the knowledge, skills, and trustworthiness of legal experts. It does not prevent you from being charged with a new offense, but rather links to your original case where you posted bail. The primary offense refers to the initial case for which you posted the bail bond. Upon being re-arrested after posting bail, the new crime is considered a secondary offense.

Essentially, you will have two open cases. If you are convicted of the secondary case first, the enhancement is only applied upon conviction of your primary offense. If there is no conviction for the primary offense, the enhancement is not imposed on your secondary offense case. For instance, you may be arrested for a violation of PC 273.5(a) and post bail to secure your release. Subsequently, while attending court hearings, you find yourself involved in another dispute with your spouse leading to re-arrest for another felony violation of PC 273.5(a). In this scenario, your first case will include a PC 12022.1 enhancement, increasing your potential maximum sentence from 4 years to 6 years in state prison. The maximum sentence for the secondary case can be 4 or 5 years, depending on the resolution of your first case.

This charge also applies if you are released on your own recognizance (OR) by a judge or the jail, only to commit a new felony offense.

Penalties

If it is found true that you committed a felony while out on bail, you are facing an additional 2 years in custody for that primary offense. This is also not a “probation” case, so if you are convicted of a crime, and admit this enhancement, you would serve that additional 2 years in a State Prison. You would be required to serve at least 50% of that time in custody. It must also be noted, that when you commit this new enhancement, it is to run full term consecutively. In other words, 2 years is 2 years, you would serve that on top of the underlying offense.

This is not a strike offense under the California Three Strikes law, and it is not a Sex Offense under PC 290. You could also face a loss of your Professional License if convicted, and if you are not a legal resident, you would face Deportation in Immigration Court since this enhancement is normally attached to a more serious felony crime.

Common Defenses

1. Statute of Limitations
2. Violation of Rights
3. Insufficient Evidence
4. Self-Defense

If you have an experienced and trustworthy legal authority, you may not face an additional 2-year enhancement if you commit a misdemeanor or infraction offense while on a bail bond. However, it is important to note that your bail bond may still be revoked by the Court, causing you to be held in custody on a no-bail-hold throughout your primary felony case.

Furthermore, if you are proven not guilty of or if your primary offense is dismissed, the enhancement is also dismissed. This is based on the logic that an individual cannot serve an enhancement for committing a crime while on bail if it is determined that the offense did not actually occur.

Call Today

Navigating the legal landscape can be overwhelming, especially when facing serious charges. The importance of experienced and trustworthy legal representation cannot be overstated in ensuring that your rights are protected and that you get a fair shot at justice.

At Inland Empire Defense, our esteemed Ontario PC 12022.1 attorney is well-versed in the intricacies of Southern California’s legal system. With a stellar track record of successfully defending individuals against various charges, including those under PC 12022.1, we are committed to providing you with the expert defense you deserve.

Don’t let uncertainty cloud your path. Secure your future by leveraging the unparalleled expertise of the Inland Empire Defense team. Reach out to your local Rancho Cucamonga Criminal Defense Attorney at 909-939-7126. Conveniently situated in Ontario, we’re dedicated to championing your cause every step of the way.