Enhanced Penalties: Weapons used in the Commission of a Crime

Posted on Apr 29, 2013 4:24pm PDT

The State of California has what is termed "determinate sentencing" in felony offenses. When a crime has been alleged to have been committed and a weapon was found on the accused, there is a high possibility of an increased sentence, even if the weapon was never used or brandished. When sentencing, a judge will review various factors in the case, including both mitigating and aggravating factors. The presence of a weapon, whether a knife, gun or other item that could be used as a weapon will be viewed as an aggravating factor in the case, and could lead to a much longer prison sentence. Your earlier criminal history will also be evaluated by the sentencing judge. Those with a criminal record are far more likely to be punished with a longer term in jail or prison.

Assault cases in which a "deadly weapon" was used can lead to an extensive prison sentence - up to 4 years in some cases. This weapon could literally be any item that is alleged to have been used as a weapon in an assault. The presence of a firearm will make the case far more serious. When the individual is alleged to be a member of any "criminal street gang," carrying a loaded weapon will lead significantly heavier penalties. It is imperative that any person accused of crime involving a weapon has immediate representation from a qualified and experienced criminal lawyer. Early defense involvement can make a significant difference in the charges filed and other potential advantages, based upon the evidence and circumstances in the case.

If you have been accused of any criminal offense including a loaded or unloaded firearm or other weapon, you must act quickly and get a Ventura criminal lawyer to take defense action for you early in the process. Contact a professional defense trial lawyer from Ridley Defense.

Categories: Criminal Defense, Assault