An enhancement to a criminal charge is an extra penalty. Extra penalties to a criminal charge, or enhancements, apply when particular circumstances are present in the facts of a criminal case.

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Enhancement come in several varieties. There are enhancements that can add jail or prison time to a defendant’s sentence, enhancements that can deprive the defendant of receiving a probation sentence where a probation sentence might otherwise have been available if the enhancement was not added to the criminal charge, and enhancements that will create penalties for the defendant outside the criminal law setting.

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Aggravated Term: The aggravated term in a sentencing scheme that allows the judge to select between different jail sentences is not the same as a criminal enhancement. An aggravated term means that the judge selects a jail term with predetermined options. For example, in many lower-level felony crimes the judge has an option to sentence the defendant to either probation, or a 16 month, 2 year, or 3 year jail sentence. In this situation, the 16 month jail sentence is the mitigated term, the 2 year jail sentence is the presumptive term, and the 3 year jail sentence is the aggravated term.

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Finally, an enhancement that adds addition jail or prison confinement must be plead and proved beyond a reasonable doubt by the district attorney in order for the enhanced sentence to be imposed against a defendant. Also, the judge has the discretion to strike (remove) an enhancement if justice will be furthered by striking the enhancement.

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Below is a list of common enhancement that are added to criminal charges. Note: this list does not represent all of the criminal enhancements. For information on other criminal enhancements contact our criminal defense lawyers for a free consultation.

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PC 186.10(c)(1): Added to criminal charges of money laundering. A PC 186.10(c)(1) enhancement adds 1 to 4 years of incarceration depending on the amount laundered.

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• PC 186.10(c)(1)(A): Loss to victim is between $50,000 and $150,000 in money laundering cases.

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• PC 186.10(c)(1)(B): loss to victim is between $150,000 and $1,000,000 in money laundering cases.

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• PC 186.10(c)(1)(C): Loss to victim is between $1,000,000 and $2,000,000 in money

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• PC 186.11(a)(2): Loss to victim is under five hundred thousand dollars.

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• PC 186.11(a)(3): Loss to victim is between $100,000 and $200,000.

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PC 186.22(b)(1)(B): Added to criminal street gang charges. A PC 186.22(b)(1)(B) enhancement adds 5 years of incarceration to the defendant’s sentence.

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PC 186.26(d): Added to criminal street gang crimes where a minor was solicited to participate in the underlying offense. A PC 186.26(d) enhancement adds 3 years to a defendant’s sentence.

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PC 347(a)(2): Added to a criminal charge of intentional poisoning where the victim suffered great bodily injury due to the poisoning. A PC 347(a)(2) enhancement adds 3 years to a defendant’s sentence.

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PC 368(b)(2)(B): Added to a criminal charge of elder abuse where the victim is over the age of 70. A PC 368(b)(2)(B) enhancement adds 5 years to a defendant’s sentence.

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PC 451.1(a)(2): Added to a criminal charge of arson where the arson resulted in injury to a police officer or firefighter. A PC 451.1(a)(2) enhancement adds 3, 4, or 5 years to the defendant’s sentence.

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PC 667.17: Added to a criminal charge of impersonating an officer where the defendant committed a felony during his impersonation. A PC 667.17 enhancement adds 1 year to the defendant’s sentence.

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PC 1170.12(A): Added to a criminal charged when the defendant has a prior felony conviction. PC 1170.12(A) can preclude a defendant from receiving the benefits of PC 1170(h) sentencing. (i.e. split or suspended sentencing, or jail, as opposed to prison, incarceration). A PC 1170.12(A)-(D) enhancement will also preclude the defendant from serving a probation sentence that might otherwise have been available absent the PC 1170.12 charge. 

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PC 12022(b)(1): Added where the defendant used a deadly or dangerous in the commission of a felony. A PC 12022(b)(1) enhancement adds 1 year to the defendant’s sentence.

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PC 12022(c): Added for personally using a firearm in the commission of a particular drug offense. A PC 12022(c) enhancement can add 3, 4, or 5 years to the defendant’s sentence.

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PC 12022.53(b): Added for personally using a firearm in the commission of a violent felony. A PC 12022.53(b) enhancement adds 10 years to a defendant’s sentence.

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PC 12022.7(a): Added where the defendant inflicted great bodily injury (GBI) during the commission of a felony. A PC 12022.7(a) enhancement adds 5 years to the defendant’s sentence.

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PC 12022.7(b): Added where the defendant caused coma or permanent paralysis to a victim during the commission of a crime (Common in DUI and assault cases). A PC 12022.7(b) enhancement adds 5 years to a defendant’s sentence.

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VC 23558: Added to felony DUI with GBI. A PC 23558 enhancement adds 1 year of jail for each victim up to 3 victims.

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PC 1203.065(a): Added to certain sex crime offenses to deny a probation sentence that might otherwise be available if the PC 1203.065(a) enhancement was not added.

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PC 1203.075 (a): Added where the defendant cause great bodily injury (GBI) during the commission of certain crimes. A PC 1203.075(a) enhancement is added to deny a probation sentence that might otherwise be available to the defendant if the PC 1203.075(a) enhancement was not added.

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For more information on criminal enhancement, or to talk to a criminal defense attorney about your case, contact our law firm for a free consultation any day of the week. Call today!​

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909-913-3138

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