If you are charged with penal code 245(b), can they impose enhancement 12022.5, If the element of the charged is a firearm.
Answer
Your question is about criminal law, not appeals. Please re-post it under that category. More lawyers with the relevant knowledge will see it there.
Good luck.
Answer
if they DID, then they CAN.
the prosecutor can charge anything he thinks he has a chance of winning, including enhancements, supported by some facts.
Now, if serious about hiring counsel to defend you, feel free to contact me.
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