"use a gun and your done"

Asked over 1 year ago - Fresno, CA

I knew this guy that got arrested and charged with pc 245 a2 assault with weapon on firearm and his bail at 150,000, I guess their was a party at a house and a couple of guys supposedly shot some girls from outside after they were kicked out(gang related), i looked online and his charge was changed too pc246 shooting at a dwelling and his bail is ####### im guessing his bail is extremely high(usually murders have this under their bail amount) im curious if they changed the charge so they could add the bodily injury or gang enhacement (since they are gang members and people were shot) and i was reading under "use a gun and your gun law" that they cant add the enhacements to pc245 a2, but they can for pc246, I could be wrong but it looks like their trying to add the very serious enhacement

Attorney answers (3)

  1. Nicholas Maurice Rosenberg

    Contributor Level 14

    5

    Lawyers agree

    Answered . There is a lot going on in your question. Assuming that the base charge is a Penal Code 246, shooting at an inhabited dwelling, the sentencing range would be 3 years-5years-7years, and this is a strike. A gang enhancement under Penal Code 186.22(b)(4)(B) added to that charge carries a very severe penalty of 15 years to life in prison. You mentioned the "use a gun and you're done" law, and under Penal Code Section 12022.53, there are a variety of enhancements which could apply to at PC246, but not to a PC245(a)(2), which apply for the use of a firearm, discharge of a firearm, and causing great bodily injury or death. This is the type of case which is very fact specific and I recommend consulting with an attorney who has experience with gang cases and firearm enhancements. I know from experience that these cases require much preparation to effectively defend.

  2. Michael Carter Lukehart

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . You touch on a lot of issues. In order to discuss this intelligently, counsel needs copies of the reports and familiarity with the court status.

  3. Judy A. Goldstein

    Contributor Level 20

    5

    Lawyers agree

    Answered . What is your question?

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