Penal Code 12022.1 PC - Committing a Felony While on Bail or Own Recognizance
If you are charged with a felony in California, you might be released on bail before your trial, or in some cases, you could be granted an "OR release," meaning you are released on your own recognizance.
This type of release relies on trust: the state expects you to appear in court and not misuse the opportunity by committing further crimes.
Therefore, committing another felony while awaiting trial may result in increased penalties under California Penal Code 12022.1 PC if convicted of both offenses.
Specifically, this law imposes extra punishments on felony defendants who commit another felony while on bail or OR release.
The court has the authority to add up to 2 additional years to the defendant's state prison sentence if the defendant is found guilty of both crimes.
What is a Primary Offense?
Penal Code 12022.1 PC defines a "Primary offense" as a felony for which a person was released from custody on bail or their own recognizance prior to the final judgment, including during appeal disposition, or if their release was revoked.
This charge is increased if you are re-arrested after posting a bail bond. However, this does not mean you are exempt from being charged with the new offense for which you were arrested.
Instead, it links to your initial case where you posted bail. This case, for which you posted a bail bond, is considered the primary offense. If you are re-arrested after posting bail, the new crime is treated as a secondary offense.
Key Takeaways
- California Penal Code 12022.1 PC details the increased penalty for committing a felony while on bail.
- If you are convicted of the secondary case first, the enhancement is only applied if you also have a conviction for the primary offense.
- Without a conviction for the primary offense, the enhancement will not be added to your secondary offense case.
- The "primary offense" refers to the initial felony you were charged with before being released from custody, either on bail or on your own recognizance.
- The term "secondary offense" refers to the second felony you are accused of committing while you are out on release.
- To qualify for the increased penalty of two extra years, you need to be convicted of both felonies. If only one conviction is obtained, the enhancement does not apply.
What are Some Examples?
You might have been arrested for a felony under Penal Code 273.5 PC, which involves inflicting corporal injury on a spouse, and posted bail to secure your release.
You then attend the court dates as scheduled. However, after several appearances and while the case remains unresolved, you get into another domestic dispute with your spouse. Police arrive, and you are re-arrested for another felony violation of PC 273.5.
Your original case will include a Penal Code 12022.1 PC enhancement for committing a felony while on bail, increasing your maximum prison time from 4 to 6 years.
Additionally, for your secondary case, the maximum sentence is five years, depending on the specifics of the case. This charge also applies if you were released on your own recognizance and committed a new felony.
In another example, imagine a man charged with Penal Code 459 PC (first-degree burglary) who posts bail. While waiting for his trial, he is arrested in a stolen vehicle and faces felony grand theft auto charges under Penal Code 487(d)(1) PC.
He was convicted of the primary offense (burglary) and sentenced to four years in prison. Later, in a second trial, he was convicted of the secondary crime (grand theft auto) and received a 16-month sentence.
In this situation, the enhanced penalty would apply, resulting in an additional two years beyond his initial sentence.
What Are the Legal Defense Strategies?
In addition to defending against the primary felony charges, our California criminal defense lawyers can use various strategies to help defendants dodge the increased penalties that come with committing a felony while on bail.
Since the penalty boost applies only when there are two felony convictions, these defenses typically focus on getting at least one charge dropped or reduced so that neither is a felony anymore. For instance:
- Negotiating a plea deal that results in one of the two felony charges being dropped.
- Reducing wobbler offenses from felonies to misdemeanors ensures that the enhanced penalties do not apply.
- Having one or more felony charges dismissed due to insufficient evidence.
If you commit a new misdemeanor while out on bail, it won't add the 2-year enhancement. However, the judge can still revoke your bail and hold you without bail while your main felony case is ongoing.
Additionally, if you're found not guilty or the charges are dismissed, the enhancement won't be applicable. It may also be possible to negotiate with the prosecutor to reduce charges or dismiss the case.
Additionally, early negotiations with law enforcement and the District Attorney's Office might lead them to refrain from filing formal felony charges. Contact Cron, Israels & Stark for a case evaluation.
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