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Can DA impose multiple enhancements for gun crimes?

Fresno, CA |

For instance if someone is charged with pc246, there are gang allegations, and multiple victims(only wounded however) can they be charged with gang enhancements as well as shooting someone with GBI enhancement under"use a n and your done"? or would prosecutors likely only charge 1enhancement with the harsher sentence of the two?

Attorney Answers 3

  1. There is no legal concept of use a gun and you are done. Enhancements can be added on to any charge if it is a valid enhancement applicable to the charge. If only one person was injured then there will be only one allegation of GBI. The gang allegations may also be charged. Typically the DA will allege all enhancements as opposed to choosing only the one with the harsher sentence. Gang allegations and GBI are two completely different concepts and a DA will never choose one over the other when filing a case. When it comes to disposing the case this may be used in the negotiations.

  2. If the DA believes they can prove it beyond a reasonable doubt, they can and will file both a gang enhancement and the firearm enhancement against the shooter. On a 246, The personal discharge of the firearm enhancement with GBI carries a 25-to-life consecutive term. That means it's stacked on top of whatever the sentence gets on the 246. The gang enhancement on a 246 is 15-to-life, also consecutive.

    Bottom line: THIS IS AS SERIOUS AS IT GETS. Don't post too many more facts on this website and find a lawyer in the local court who regular handles heavy cases like this.

    Attorney answers to questions on are for general purposes only and do not establish an attorney-client relationship.

  3. Prosecutors in Fresno will typically allege as many charges and enhancements as they can. This doesn't mean that any or all charges can be proven or that a plea deal will result in a plea to any or all of those charges and enhancements. Best answer will come from the attorney representing the person you're referring to. If that person doesn't have an attorney, he/she should hire one immediately. Good luck

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