PC 12022.2: Possessing Ammunition Designed to Penetrate Metal or Armor
Legal Definition:
PC 12022.2: ” (a) A person who, while armed with a firearm in the commission or attempted commission of any felony, has in his or her immediate possession ammunition for the firearm designed primarily to penetrate metal or armor, shall, upon conviction of that felony or attempted felony, in addition, and consecutive to the punishment prescribed for the felony or attempted felony, be punished by an additional term of 3, 4, or 10 years. The court shall select the sentence enhancement that, in the court’s discretion, best serves the interests of justice and shall state the reasons for its choice on the record at the time of the sentence in accordance with subdivision (d) of Section 1170.1.
(b) A person who wears a body vest in the commission or attempted to commission of a violent offense, as defined in Section 29905, shall, upon conviction of that felony or attempted felony, in addition, and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished by an additional term of one, two, or five years. The court shall select the sentence enhancement that, in the court’s discretion, best serves the interests of justice and shall state the reasons for its choice on the record at the time of the sentence in accordance with subdivision (d) of Section 1170.1.
What does this mean?
A body vest refers to bullet-resistant material designed to offer ballistic and trauma protection to the wearer. This charge stipulates that when engaging in a felony offense while carrying a firearm loaded with ammunition capable of penetrating metal or armor, an additional penalty applies to those who wear a body vest.
It is important to note that this enhancement is distinct from the underlying felony. In essence, this enhancement augments the potential punishment upon conviction. With our extensive experience, expertise, and authority, we ensure accurate information and trustworthy guidance in legal matters.
Penalties
As state above, a violation of PC 12022.2 is an enhancement, not a stand-alone crime. Therefore, you would never be charged with enhancement by itself, it has to be added to a felony offense you are already charged with. The enhancement under PC 12022.2(a), can add an additional 3, 4, or 10 years added to your underlying offense, to be run consecutively. You would have to serve at least 85% of that time in custody. The enhancement for wearing body armor under PC 12022.2(b), can add an additional one, two, or five years, to be run consecutively to your felony charge.
PC 12022.2 is a not strike offense under the Three Strikes Law and is not a charge requiring Sex Registration under PC 290. You would likely face a loss, suspension, or revocation of your professional license. You could also face immigration consequences if you are a non-US Citizen living in the United States, since this may be considered an aggravated felony under Federal Law since it involves a firearm. There are also firearm restrictions with this enhancement that can remove your ability to own or possess a firearm.
Common Defenses
The defenses to enhancements differ significantly from regular criminal charges. One common defense is the lack of commission of a felony offense. It is crucial to note that this enhancement requires a felony charge. For instance, if you were to commit a misdemeanor offense using a used firearm, this enhancement would not apply. Similarly, possessing armor-piercing bullets or a vest while driving with a suspended license, a misdemeanor, would not trigger these enhancement sections.
An additional concern is the potential violation of your Fourth Amendment rights. In California, this issue is commonly challenged under PC 1538.5 through a motion filed and argued in court. A typical example occurs during a DUI stop. For any evidence obtained after an illegal stop, such as when the police lack probable cause to pull you over, it would not be admissible in court. For instance, if the police followed and stopped you based solely on the fact that you left a bar, it would constitute an illegal stop. Therefore, if the police unlawfully search your home without a warrant or probable cause and find ammunition or vests, your Ontario Criminal Defense attorney could challenge their admission as evidence.
It is essential to consult an experienced and knowledgeable criminal defense attorney in Ontario to navigate these nuanced situations and ensure your rights are protected.
Call Today
Facing a criminal conviction can reshape the trajectory of your future. It’s imperative to combat such challenges with seasoned expertise. Dive into the pool of expertise at Inland Empire Criminal Defense, where our Ontario attorney, an expert in PC 12022.2 cases, has consistently championed the rights of numerous individuals within the Inland Empire. Grasping the profound implications of these enhancements, we’re poised to provide you with unparalleled defense strategies.
Kickstart your defense journey with our complimentary initial consultation. With our unwavering 24/7 support, rest assured, your concerns will always find an attentive ear. Dial 909-281-0391 for the unmatched legal prowess of Inland Empire Criminal Defense. Find us strategically situated in Ontario, CA, ever-ready to safeguard your rights.
