Los Angeles Sentencing Enhancements Lawyer

The difference between a standard felony sentence and a life-altering prison term often hinges on Los Angeles sentencing enhancements. These add-on penalties can tack years, or even decades, onto a sentence for the same underlying offense.

At Kraut Law Group Criminal & DUI Lawyers, we have seen the devastating impact enhancements can have on families, careers, and futures within the Los Angeles criminal process. We have also seen how strategic advocacy, backed by current law and persuasive mitigation, can convince judges to strike or drastically reduce enhancements.

Sentencing enhancements are separate penalty provisions that attach to the underlying offense and increase the maximum or mandatory sentence. They cover a wide range of conduct and history, including:

• Prior “serious” or “violent” felony convictions are sometimes called strike priors
• Allegations of firearm use or discharge
• Great Bodily Injury (GBI) allegations when anyone other than the defendant is injured
• Gang allegations under Penal Code §186.22
• Drug weight and drug-free-zone allegations
• “Nickel” priors—five-year enhancements for certain repeat offenses
• On-bail or on-parole allegations that add consecutive terms

Because enhancements are pleaded and proved separately from the base charge, a skilled Los Angeles sentencing enhancements lawyer can challenge them and, in many situations, have them stricken without disturbing the underlying conviction.

Los Angeles County processes more felony cases each year than most states, and enhancements often dictate plea-bargain leverage and trial strategy. Key realities include:

• The sheer volume of cases means prosecutors frequently rely on enhancements to pressure quick pleas.
• Enhancements can trigger mandatory minimum terms even on low-level felonies.
• Housing constraints inside California prisons make every extra year imposed by an enhancement more onerous, often served at a higher security level.
• California’s complex credit-earning rules can turn a single five-year enhancement into substantially more time spent in prison.

Working with a sentencing enhancements lawyer to remove enhancements is usually the single most impactful step in reducing exposure.

Over the last decade, California voters and lawmakers have recognized that sentence stacking fuels overcrowding without measurably improving public safety. Landmark changes now allow judges far greater freedom to dismiss enhancements, including:

• Proposition 36 (2012): limited automatic life sentences under the Three Strikes Law and opened resentencing opportunities.
• Senate Bill 620 (2017): ended mandatory firearm enhancements and allowed discretionary dismissal.
• Senate Bill 1393 (2018): made five-year serious felony priors discretionary rather than mandatory.
• Senate Bill 81 (2021): directed courts to give great weight to mitigating factors such as youth, mental illness, prior victimization, discriminatory impact, or the risk of a sentence exceeding 20 years, and to dismiss enhancements unless necessary for public safety.
• Penal Code §1385 amendments (2022): codified the presumption that multiple enhancements should be dismissed, and clarified that judges may strike either the enhancement or merely its added punishment.

These reforms reflect a clear legislative intent: enhancements should be imposed sparingly and only where lengthier terms meaningfully protect the public.

While any enhancement may be vulnerable under the correct facts, some are especially likely to fall when a Los Angeles sentencing enhancements lawyer mounts a thorough defense presentation.

• Firearm enhancements: Judges may now consider whether the weapon was unloaded, inoperable, or brandished without discharge.
• Great Bodily Injury allegations: When injuries are minor, promptly treated, or partly attributable to third parties, courts often exercise discretion.
• Gang enhancements: The 2022 revision to §186.22 has sharply narrowed the definitions and requires proof that the current crime was committed to benefit a gang with a specific intent.
• Five-year priors (“nickels”): Serious-felony priors older than five years, or tied to distant youthful mistakes, are prime candidates for dismissal.
• Multiple enhancements in a single case: Current law favors retaining only the most serious enhancement and striking the rest.

Successful motions to strike are rarely won on legal argument alone; they require a sentencing enhancements lawyer to deliver a layered presentation that addresses statutory factors and humanizes the client.

• Craft a compelling narrative that places the conduct in context—poverty, trauma, military service, addiction, or mental health challenges.
• Produce corroborating records: medical, psychological, school, employment, and character letters.
• Secure expert testimony where needed (e.g., ballistics experts to show a weapon was inoperable, psychologists to link trauma to behavior).
• Demonstrate community support through letters, restorative-justice dialogues, or victim-offender mediation.
• Highlight rehabilitation: completed programs, certificates, sober-living documentation, and verified employment offers.

Under modern California law, judges must weigh mitigating circumstances with “great weight.” Persuasive submissions often revolve around:

• Youthful age at the time of the offense or priors
• Mental illness documented by qualified professionals
• Prior victimization, such as domestic violence or human trafficking
• Proof that the enhancement would create a sentence exceeding 20 years
• Racially disparate impact data shows that specific enhancements are applied unevenly
• Demonstrated rehabilitation since the incident, including education and community service

When we supply concrete proof on these points, courts are far more willing to strike.

Opportunity windows appear at several stages of a case:

• Pre-plea negotiations: A well-developed mitigation packet can convince prosecutors to dismiss or not allege enhancements.
• Pre-trial statutory motions: We routinely file a written motion under Penal Code §1385 urging the court to exercise discretion now, not later.
• Post-verdict, pre-sentence hearings: Even after conviction, judges may strike enhancements before pronouncing judgment.
• Direct appeals and writs: If discretion was abused or mitigating evidence ignored, higher courts can remand for resentencing.
• Resentencing petitions: Individuals already serving enhanced terms may petition under SB 81, Penal Code § 1172.1, or participate in district attorney review programs.

Each phase demands careful adherence to filing deadlines, notice requirements, and evidentiary rules, which is why having a seasoned Los Angeles sentencing enhancements lawyer is indispensable.

Tens of thousands of Californians are currently imprisoned under sentencing schemes the legislature has since rejected. Pathways to relief include:

• Petitions under Penal Code §1172.1 requesting recall and resentencing “in the interests of justice.”
• District attorney resentencing review panels—Los Angeles County’s policy invites applications when enhancements drove a lengthy term.
• Habeas corpus petitions based on new mitigating evidence or changes in law.
• Stipulated resentencing agreements negotiated with the prosecution and presented to the original sentencing judge.

Because timelines and eligibility criteria vary, a comprehensive review of the file is essential before selecting the proper mechanism.

Since late 2020, the Los Angeles County District Attorney’s Office has issued directives limiting the filing of most enhancements. However, line-level prosecutors sometimes deviate, and policy shifts can occur with new elections or public pressure. Practical pointers include:

• Monitor current directives—what was non-file policy last year may be back on the table after a high-profile incident.
• If an enhancement was filed in violation of internal policy, highlight the discrepancy to the court and the supervising deputy district attorney.
• Even when an enhancement is not alleged, the court may still impose it at sentencing unless expressly waived in any plea agreement.

A sentencing enhancements attorney familiar with local politics and personalities can navigate these dynamics to the client’s advantage.

Persuading a judge to strike an enhancement combines legal doctrine, factual investigation, storytelling, and negotiation. Key advantages our team brings include:

• Former senior prosecutors who know how enhancements are charged and how to spot weaknesses.
• Harvard Law School training paired with decades of courtroom experience.
• Access to a network of respected experts, investigators, and mitigation specialists.
• A track record of securing dismissals, reduced charges, and resentencings in high-stakes cases throughout Southern California.

Not every lawyer devotes the time, resources, and creativity required to dismantle enhancements. When your freedom is measured in years, you need counsel who treats every extra month as unacceptable. At Kraut Law Group Criminal & DUI Lawyer, we:

• Conduct a top-to-bottom case audit within days of retention
• Create an individualized roadmap focused on removing or minimizing enhancements
• Keep you and your family updated at every stage, in plain language
• Stand ready to fight in trial courts, appellate courts, and resentencing hearings until every avenue is exhausted

Your future deserves nothing less.

Early intervention is the surest way to limit, dismiss, or overturn enhancements. Reach out now for a confidential case evaluation. Call (888) 334-6344 or (323) 464-6453 24/7 or use our secure online contact form to speak directly with the attorneys at Kraut Law Group Criminal & DUI Lawyers.