Judges Can Now Strike Gun Enhancements!

On October 11, 2017, Governor Jerry Brown approved SB-620. SB-620 took effect on January 1, 2018 and amended the firearm enhancements laws under Penal Code sections 12022.5 and 12022.53.

Existing law requires that a person who personally uses or discharges a firearm, assault weapon, or machinegun in the commission of a felony be punished with an additional and consecutive term of imprisonment in the state prison for a specified number of years.

Prior to SB-620, the court was prohibited from striking these additional terms of imprisonment. Now, SB-620 has amended Penal Code sections 12022.5 and 12022.53 to allow a court, in the interests of justice and at the time of sentencing or resentencing, to strike or dismiss an enhancement otherwise required to be imposed under these Sections.

With this new amendment to Sections 12022.5 and 12022.53, defendants have an opportunity to show the court that it would be in the interests of justice to strike an allegation or finding that the additional and consecutive term of imprisonment for the enhancement should be imposed.

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