Possessing Ammunition Designed to Penetrate Metal or Armor Laws (PC 12022.2) in California
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
The prospect of a criminal conviction carries with it the weight of potentially altering the course of your life. Such a pivotal moment necessitates a defense grounded in experience and strategic insight. At Inland Empire Criminal Defense, we are uniquely equipped to navigate the complexities of cases involving enhancements under PC 12022.2. Our Ontario attorney, renowned for their expertise in these matters, has a proven track record of vigorously defending the rights of individuals across the Inland Empire.
Understanding the severe implications of enhancements under PC 12022.2 is critical to developing an effective defense strategy. We are committed to utilizing our depth of knowledge to advocate for your best interests and deliver defense solutions that are both strategic and tailored to your unique situation.
Why Inland Empire Criminal Defense for Your PC 12022.2 Case?
- Specialized Legal Expertise: Our focus on PC 12022.2 cases means your defense is informed by an attorney with specific knowledge and successful experience in handling these complex legal challenges.
- Strategic Defense Solutions: Leveraging our understanding of the legal system and the specifics of enhancements under PC 12022.2, we develop unparalleled defense strategies aimed at securing favorable outcomes.
- 24/7 Support and Guidance: Recognizing the importance of continuous support, we offer round-the-clock availability to address your questions and concerns, ensuring you’re never left without guidance.
Begin Your Defense with Inland Empire Criminal Defense
The implications of facing charges under PC 12022.2 demand informed and proactive legal representation. Inland Empire Criminal Defense, located in Ontario, CA, stands ready to offer the dedicated legal support necessary to navigate these charges effectively.
Contact Inland Empire Criminal Defense Today
If you’re facing the challenges of a case involving PC 12022.2 enhancements, don’t delay in securing the legal expertise you need. Contact Inland Empire Criminal Defense at 909-939-7126 for a complimentary initial consultation. Our strategic location in Ontario, CA, positions us to offer the vigilant defense and advocacy required to protect your rights and future. Let our expertise be your guide in this critical time.
Frequently Asked Questions (FAQ’s)
Does the attorney offer confidential consultations?
Absolutely, Inland Empire Criminal Defense prioritizes your privacy and confidentiality. Every consultation with our attorney is conducted with the utmost discretion, ensuring your information remains secure and private.
Does the attorney offer payment plans?
Yes, understanding the financial pressures that can come with legal representation, our attorney offers flexible payment plans. This approach ensures that quality legal defense is accessible for all our clients in Riverside, San Bernardino, and Los Angeles Counties.
Is the consultation free?
Yes, Inland Empire Criminal Defense offers free consultations. This is part of our commitment to providing accessible and transparent legal services to residents of Riverside, San Bernardino, and Los Angeles Counties.
Are the consultations in person or only over the phone?
We offer both in-person and over-the-phone consultations to accommodate your preferences and needs. Whether you’re in Riverside, San Bernardino, or Los Angeles County, we ensure that you can access our legal services in the way that suits you best.
Is the office open on weekends?
Our office is typically closed on weekends. However, we do make exceptions for meetings by special arrangement. Our commitment is to be as accommodating as possible to meet the unique needs of our clients in Riverside, San Bernardino, and Los Angeles Counties.
Does the attorney serve all of California?
Our legal services are specifically tailored to residents of Riverside, San Bernardino, and Los Angeles Counties. For cases outside these areas, we recommend consulting avvo.com to find appropriate legal assistance. Our focused approach allows us to provide specialized defense catering to the unique legal landscape of these counties.
