Drug Crimes with Firearm Enhancements Defense

Facing Drug Charges with a Firearm Enhancement in California?

A Firearm Found Near Drugs Doesn't Automatically Mean the Enhancement Applies — But If It Does, It Adds Mandatory Consecutive Years That Stack on Top of the Drug Sentence.

California criminal defense attorney David Chesley has successfully defended drug charges with firearm enhancements — including potentially applicable PC § 12022(a)(1), PC § 12022(c), PC § 12022.5 and federal 18 U.S.C. § 924(c); PC § 12022.53 requires its separately listed felony predicate and does not attach to an ordinary drug charge alone — through enhancement-specific challenges, suppression motions, nexus and constructive possession defenses, and charge reductions in state and federal courts across every county in California. The enhancement is a separate allegation that must be proven independently. The charging document and evidence determine whether an element challenge or sentencing request has a sound basis. Build your defense now.

IMMEDIATE STEPS IF FACING DRUG CHARGES WITH A FIREARM ENHANCEMENT:

• Do not make statements about the firearm, the drugs, or your knowledge without counsel — statements can establish the nexus the prosecution needs to prove the enhancement; what you say about whether you knew the firearm was there, whether it belonged to you, and what your relationship to the drug activity was are used to establish enhancement elements the prosecution could not otherwise prove
• Do not assume the enhancement automatically applies — the prosecution must prove specific elements including availability, personal use, or furtherance; proximity of a firearm to drugs alone is frequently insufficient
• Preserve documentation — ownership records, evidence the firearm belonged to someone else, evidence you had no knowledge of it, and any other evidence challenging the prosecution's characterization of the nexus between the firearm and the drug activity
• Contact experienced counsel immediately — dashcam and body camera footage retention varies by agency and should be promptly checked; suppression may affect one or both allegations if the excluded evidence is necessary and other admissible proof is unavailable and the evidence that wins suppression motions must be preserved immediately

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THE STAKES DEPEND ON THE CHARGED ENHANCEMENT AND SENTENCING FINDING

Firearm enhancements turn a serious drug case into an extremely long one. The precise term, consecutive-sentencing rule and any authority to strike a California enhancement depend on the charged subdivision, verdict and sentencing law. Federal section 924(c) has its own mandatory consecutive minimums. Compare the actual count and allegation before estimating exposure.

Common Enhancements:

• PC § 12022(a)(1): Armed during felony — adds 1 year consecutive
• PC § 12022(c): Armed while possessing specified drugs for sale — adds 3 to 5 years
• PC § 12022.5: Personal use of a firearm — adds 3, 4, or 10 years
• PC § 12022.53 (listed predicates only): The 10/20/25-to-life tiers require a separately charged qualifying felony listed in subdivision (a); a drug count alone is not on that list
• Federal 18 U.S.C. § 924(c): Using or carrying a firearm during drug trafficking — mandatory 5 years consecutive for a first offense; 7 years if brandished; 10 years if discharged; 25 years for a violation occurring after a prior § 924(c) conviction has become final

Additional Consequences:

• Firearm restrictions that depend on the resulting convictions and applicable state or federal law
• Potential immigration consequences requiring review of the actual drug conviction, any separate firearm conviction and the record; a felony label alone does not decide federal classification
• Possible license-board review or discipline depending on occupation, conviction and board rules
• Possible serious- or violent-felony classification based on the actual conviction and firearm-use finding

Proposition 36 has increased some felony charging for repeat hard-drug cases, but a successful search or element challenge may change one or both allegations depending on remaining proof.

Quick Enhancement Comparison:

Call (800) 755-5174 to assess the specific enhancement in your case.

WHAT THE PROSECUTION MUST PROVE — AND HOW EACH ELEMENT IS CHALLENGED

Firearm enhancements are separate allegations that must be proven beyond a reasonable doubt independently of the underlying drug charge. Each enhancement statute has specific elements — and the prosecution cannot assume the enhancement from the mere presence of a firearm near drugs.

Key Defenses at a Glance:

• Suppression (PC § 1538.5): Challenge the search; identify which items, if any, are excluded and whether independent admissible evidence can support either allegation
• Nexus/furtherance challenge: Test the specific statute: arming, personal use and federal furtherance differ; storage and another person’s ownership are evidence, not automatic answers
• Knowledge challenge: Defendant genuinely did not know the firearm was present
• Constructive possession challenge: Shared space where defendant lacked dominion and control over the firearm
• Underlying drug charge defeat: Predicate offense defeated → enhancement falls with it
• Strike discretion (SB 620): Judges can strike PC § 12022.5 and PC § 12022.53 in the interest of justice at sentencing

INDIVIDUAL ENHANCEMENT EXPLANATIONS — WHAT EACH REQUIRES AND HOW IT IS CHALLENGED

PC § 12022(a)(1) — Armed During a Felony

PC § 12022(a)(1) concerns arming by any principal during a felony, including an eligible drug felony. CALCRIM 3115 asks whether a principal carried the firearm or had it available for offensive or defensive use in connection with the charged offense, and knew the firearm was carried or available. Personal use by this defendant is not the statutory element. A gun in a separate locked area, a borrowed vehicle or a shared house may create a real factual question, but location or ownership alone does not decide availability or knowledge. Compare where each participant was, when the felony allegedly occurred, who controlled the firearm, and what evidence shows a connection to that felony. The prosecution must prove the allegation beyond a reasonable doubt.

PC § 12022(c) — Personally Armed While Possessing for Sale

PC § 12022(c) applies to specified possession-for-sale and transportation predicates involving cocaine, methamphetamine, heroin or other substances listed by statute, when the defendant was personally armed with a firearm in the commission of the offense. CALCRIM 3131 defines personal arming as carrying the firearm or having it available for offensive or defensive use in connection with the charged crime, with knowledge it was carried or available. The gun need not be on the person, loaded or in working order if it was designed to shoot and appeared capable of shooting. The allegation cannot be inferred from a gun somewhere in a building alone; test access, timing, control, police observations and the exact charged drug count. A defense to possession-for-sale intent or a personal-use theory may change the case, but a proposed reduction does not automatically remove a filed enhancement until the charge or finding actually changes.

PC § 12022.5 — Personal Use of a Firearm

PC § 12022.5 requires personal use of a firearm in the commission of any felony — carrying a 3-, 4-, or 10-year enhancement term if found true and imposed, subject to current judicial strike authority. CALCRIM 3146 describes personal use as intentionally displaying the firearm in a menacing manner, hitting someone with it, or firing it during the charged felony. Mere proximity or ownership is not personal use. A firearm need not be shown in advance if evidence proves firing; the trial evidence must be matched to the charged felony and actual use finding. The defense challenges the use element directly through the specific facts of the alleged drug transaction — what occurred during the transaction, whether the firearm was displayed or referenced, whether any evidence establishes that the firearm played a functional role in the drug activity. In many drug cases, the firearm is found incidentally — in a drawer, under a seat, in a closet — without any evidence it was shown, referenced, or used during the drug activity itself. Those facts are developed and presented to defeat the use element specifically.

PC § 12022.53 — The "10-20-Life" Enhancement

PC § 12022.53 has 10-, 20- and 25-years-to-life firearm tiers tied to the felonies enumerated in subdivision (a), such as murder, robbery, carjacking and specified violent felonies. An ordinary drug sale or possession-for-sale count is not on that list. If a case also includes a listed violent felony, analyze the firearm allegation against that felony and its particular use, discharge, injury or death tier; do not treat the drug charge as the predicate. After Senate Bill 620, the court has statutory authority to strike or dismiss an otherwise applicable firearm enhancement under the current subdivision (h), subject to the rest of the sentencing law. The charging document and verdict must identify the actual predicate and allegation.

18 U.S.C. § 924(c) — Federal Firearm Enhancement

The federal firearm enhancement under 18 U.S.C. § 924(c) is one of the most serious and most frequently misunderstood enhancements in federal drug cases. It adds a mandatory consecutive 5 years for a first offense — 7 if the firearm was brandished, 10 if it was discharged — and a 25-year minimum only for a violation occurring after a prior § 924(c) conviction became final. The sentence is mandatory and consecutive: the statutory minimum runs consecutively; any relief from it requires actual statutory authority and case-specific sentencing review.

The prosecution must prove one of two things: that the defendant used or carried the firearm during and in relation to the drug trafficking crime, or that the defendant possessed the firearm in furtherance of that crime. "During and in relation to" requires a specific nexus — the firearm must have some purpose or effect with respect to the drug trafficking activity, not merely coincidental presence alongside drugs. "In furtherance of" requires proof that the firearm served as a tool of the drug trafficking activity — providing security for the operation, intimidating buyers or competitors, or otherwise actively furthering the trafficking — not merely that a firearm and drugs were found in the same location.

An in-furtherance challenge can be central when the prosecution alleges possession rather than use or carrying: a firearm that was stored in the same location as drugs but that had no operational connection to the trafficking activity — a personal protection weapon of a drug user, a firearm belonging to another person in the home, a lawfully owned firearm stored separately from the drug operation — may not satisfy either prong. The specific facts of how and where the firearm was found, who it belonged to, how accessible it was, what evidence of its operational role in the drug activity exists, and what evidence of its disconnection from the drug activity can be developed are the most important factual questions in every § 924(c) defense. Defeating the § 924(c) charge — which produces mandatory consecutive years on top of the mandatory minimum drug sentence — is a case-specific defense objective when the evidence does not prove the charged connection in federal drug and firearm cases.

DRUG CHARGES WITH FIREARM ENHANCEMENTS AND IMMIGRATION — CRITICAL FOR NON-U.S. CITIZENS

Drug convictions already trigger serious immigration consequences — and a separately qualifying firearm conviction or record may raise another deportability ground; an enhancement finding is not automatically a separate firearm conviction. The exact convictions, findings, sentence and immigration history determine whether an additional ground or limit on relief applies.

Dual Deportability — Two Independent Grounds Triggered Simultaneously

A case with drug and firearm charges may raise distinct immigration questions; review the actual conviction and enhancement record before counting grounds:

• Drug conviction consequences: A drug conviction can trigger the controlled-substance ground under 8 U.S.C. § 1227(a)(2)(B)(i), subject to the precise conviction and statutory exceptions; a drug trafficking conviction can raise aggravated-felony issues under 8 U.S.C. § 1101(a)(43)(B), requiring individualized removal and relief advice
• Firearms conviction consequences: A conviction involving a firearm in violation of federal or state law can constitute a firearms offense under 8 U.S.C. § 1227(a)(2)(C) — adding a separate and independent ground of deportability on top of the drug ground

If both grounds actually arise from the final convictions, they may restrict particular relief; qualified immigration counsel must check the person’s status, record and each remedy separately. A successful motion and resulting dismissal may avoid conviction-based grounds, but the exact order and remaining counts still need immigration review — and it requires case-specific immigration review rather than a guaranteed safe label.

What Non-U.S. Citizens Must Do Before Any Plea:

• The immigration consequences of both the underlying drug charge and the firearm enhancement must be analyzed before any plea is entered — the specific drug conviction grounds under 8 U.S.C. § 1227(a)(2)(B)(i) and § 1101(a)(43)(B), and the separate firearms ground under 8 U.S.C. § 1227(a)(2)(C), must be analyzed as a combined package because the interaction between them determines what relief remains available
• Suppression may help if it leads to a dismissal without a plea — because a successful motion may change which conviction-based grounds arise, but the exact dismissal and immigration effect require individual review
• Charge reduction away from trafficking — combined with an enhancement challenge — is pursued as an immigration priority where suppression is not achievable, because a different final conviction can change the federal analysis, but no label alone establishes that an aggravated-felony ground is eliminated
• No plea to any drug charge with a firearm enhancement should be entered without full analysis of both deportability grounds and a clear assessment of whether suppression or charge reduction can eliminate one or both of them

Immigration analysis for non-U.S. citizens is conducted from the very first consultation in every drug and firearm case.

HOW DAVID CHESLEY DEFENDS THESE CASES

David Chesley personally handles every case — rapidly preserving evidence for suppression, challenging the nexus, knowledge, and constructive possession elements of the enhancement, attacking the underlying drug charge simultaneously, and assessing SB 620 strike discretion at sentencing. Southern, Central, and Northern California, every county, every major federal district — available 24 hours a day, 7 days a week. No hand-offs. No junior associates.

Core strategies pursued simultaneously from day one:

Suppression — defeat both charges together

Every search that produced both the drugs and the firearm is examined for Fourth Amendment defects. Preservation demands for dashcam, body camera, and surveillance footage issued immediately — because this footage establishes the constitutional violation and has an agency-specific retention period that should be checked promptly.

Enhancement element analysis

The specific enhancement statute charged is identified and its specific elements analyzed immediately — nexus, availability, personal use, or furtherance requirements differ by statute, and the specific challenge depends on the specific element the prosecution must prove.

Nexus and furtherance challenge

The specific facts of the firearm's location, its relationship to the drug activity, the ownership, and the evidence of its operational role are examined to develop the strongest available nexus or furtherance challenge.

Constructive possession and knowledge challenges

The evidence connecting this defendant specifically to the firearm — ownership, access, knowledge of presence — is examined independently of the drug charge.

Underlying charge challenge as enhancement defense

The predicate drug offense — possession for sale, trafficking — is challenged aggressively because defeating the predicate defeats the enhancement that depends on it.

SB 620 strike request at sentencing

Where the enhancement cannot be fully defeated, the factual and legal basis for striking it under SB 620 judicial discretion is developed and presented with the strongest possible record at sentencing.

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The prosecution must prove the enhancement elements beyond a reasonable doubt — independently of the underlying drug charge. A firearm found near drugs does not automatically establish the enhancement. Firm-reported examples, subject to the charge, evidence and disposition in the individual case:

• Both charges dismissed — unconstitutional search suppressed both drugs and firearm simultaneously; prosecution could not proceed on either the underlying charge or the enhancement
• PC § 12022.5 enhancement defeated — firearm found at scene of alleged drug transaction; prosecution unable to establish personal use in commission of drug offense; use element not proven; enhancement stricken
• 18 U.S.C. § 924(c) defeated — firearm found in same location as drugs; in-furtherance element not established; mandatory 5-year consecutive sentence eliminated
• Constructive possession challenge succeeded — firearm found in shared residence; evidence established firearm belonged to housemate; defendant's dominion and control not proven; enhancement not sustained
• Knowledge element defeated — firearm found in borrowed vehicle; defendant demonstrated no knowledge of firearm's presence; knowledge element not established; enhancement stricken
• Underlying charge reduced — possession-for-sale reduced to simple possession; PC § 12022(c) enhancement predicate eliminated; the listed enhancement no longer rested on that predicate; the resulting conviction and collateral effects required separate review
• Firm-reported PC § 12022.53 result in a case with a separately qualifying listed felony — judicial discretion invoked; specific facts of defendant's role and background presented; court struck enhancement; sentence reduced by 10 years
• Immigration-safe resolution — non-U.S. citizen facing dual deportability grounds; suppression produced dismissal without plea; reported conviction-based drug and firearm risks avoided; remaining immigration issues need separate review

WHY CLIENTS CHOOSE DAVID CHESLEY

Direct, personal attention — statewide and federal, 24/7

David Chesley personally handles drug charges with firearm enhancements in criminal courts and federal courts across all of California — Los Angeles, San Diego, Orange County, San Francisco, Sacramento, Fresno, San Jose, Riverside, San Bernardino, Ventura, and every other jurisdiction statewide. Available 24 hours a day, 7 days a week — because dashcam and body camera footage retention varies by agency and should be promptly checked and the evidence that wins suppression motions must be preserved before the window closes.

Straight talk, always

Drug and firearm cases range from situations where the search was clearly unconstitutional and suppression may remove evidence needed to prove one or both allegations — to situations where the nexus element is genuinely contestable and the enhancement can be defeated independently of the drug charge — to situations where the evidence is stronger and the focus shifts to the SB 620 strike and immigration protection. You deserve honest counsel about which situation you are in. No false promises. No sugarcoating.

Simultaneous attack on every element

Drug charge, enhancement elements, and search are challenged simultaneously from day one — because suppression, nexus challenge, knowledge challenge, constructive possession challenge, predicate defeat, and SB 620 strike are not mutually exclusive and are all pursued at once.

Flexible payment plans

The Law Offices of David Chesley offer flexible payment plans because cost should never be the reason someone facing drug charges with a firearm enhancement goes without experienced legal representation.

Firm-reported case results; past outcomes do not establish a result in a different case:

• Drug charge and PC § 12022(c) enhancement both dismissed — vehicle search found to lack probable cause; controlled substance and firearm both suppressed as fruit of unlawful stop; both the underlying possession-for-sale charge and the enhancement dismissed simultaneously
• PC § 12022.5 enhancement defeated — firearm found at scene of alleged drug transaction; prosecution unable to establish personal use of firearm in commission of drug offense; use element not proven; enhancement stricken; sentence dramatically reduced
• Federal 18 U.S.C. § 924(c) defeated — firearm found in same location as drugs; prosecution unable to establish firearm was possessed in furtherance of drug trafficking activity; in-furtherance element not proven; mandatory 5-year consecutive sentence eliminated
• Constructive possession challenge succeeded — firearm found in shared residence; evidence established firearm belonged to housemate; defendant's specific dominion and control over the firearm not proven; enhancement not sustained
• Knowledge element defeated — firearm found in borrowed vehicle; defendant demonstrated no knowledge of firearm's presence in vehicle; knowledge element not established beyond reasonable doubt; PC § 12022(a)(1) enhancement stricken
• Underlying possession-for-sale charge reduced — personal use defense raised; prosecution agreed to reduction to simple possession; PC § 12022(c) enhancement predicate eliminated; both felony record and enhancement consequences avoided
• Firm-reported PC § 12022.53 result in a case with a separately qualifying listed felony — judicial discretion invoked; specific facts of defendant's limited role, the circumstances of the firearm's presence, and defendant's background presented; court exercised discretion to strike; sentence reduced by 10 years
• Immigration-safe resolution — non-U.S. citizen facing drug trafficking aggravated felony under 8 U.S.C. § 1101(a)(43)(B) and firearms deportability under 8 U.S.C. § 1227(a)(2)(C) simultaneously; suppression motion filed; search found unconstitutional; both charges dismissed without any plea; reported conviction-based grounds avoided, subject to individual immigration review

Client Feedback:

"I was charged with possession for sale and a firearm enhancement after a traffic stop. David showed the search was unlawful — both the drugs and the gun were suppressed. Both charges dismissed. I didn't realize suppression could take down the enhancement too." — Anonymous former client

"The gun belonged to my roommate. I didn't even know it was there. David built the knowledge and constructive possession defense, showed the prosecution the gun wasn't mine and I didn't know about it, and the enhancement was stricken." — Anonymous former client

"The federal firearm enhancement would have added a mandatory 5 years on top of my drug sentence with no way around it. David challenged whether the gun was actually in furtherance of my drug activity — it wasn't connected to the operation — and the § 924(c) charge was defeated. That 5 years made an enormous difference." — Anonymous former client

"As a non-citizen, the drug charge and the firearm enhancement together would have meant mandatory deportation with no relief available from either ground. David pursued suppression, both charges were dismissed without any plea, and both immigration grounds were eliminated at once." — Anonymous former client

This firm-reported result is specific to that dismissal and record. An enhancement finding is not automatically a separate firearm conviction, and removal or eligibility for relief depends on the actual convictions and immigration history.

FREQUENTLY ASKED QUESTIONS

Does a firearm near drugs automatically trigger the enhancement?

No. A firearm near drugs does not itself prove an enhancement. The statute attached to the actual count controls: PC § 12022(a)(1) concerns arming by a principal; PC § 12022(c) concerns personal arming on its listed drug predicates; PC § 12022.5 requires personal use in a felony. Federal 18 U.S.C. § 924(c) requires use or carrying during and in relation to drug trafficking, or possession in furtherance of that crime. PC § 12022.53 is different again: its ten-, twenty- and twenty-five-years-to-life tiers require a separately listed felony in subdivision (a), not an ordinary drug count by itself. Review the complaint, any cocharged robbery or other listed count, firearm access and conduct, and the jury findings. The prosecutor must prove each applicable allegation beyond a reasonable doubt.

Can the enhancement be stricken even if proven?

Yes, a California judge has statutory authority to strike an applicable PC § 12022.5 or PC § 12022.53 firearm enhancement in the interests of justice, subject to the current statutes and sentencing law. That is a sentencing request, distinct from an argument that the prosecution failed to prove the allegation. Begin by identifying the precise enhancement subdivision and underlying count. If PC § 12022.53 is named, subdivision (a)’s qualifying felony list must be checked first; ordinary drug sale or possession-for-sale is not a stand-alone predicate for its 10/20/25-to-life tiers. Then examine the firearm conduct found true, any other enhancements, and the reasons supporting or opposing a strike. A judge may strike an enhancement or impose it; a request does not promise a lower sentence. The defense should preserve the facts of access, use, discharge and the person’s role for both proof and sentencing arguments. The verdict form and sentencing transcript can show exactly which firearm allegation was found true and whether the court exercised discretion; those records matter when assessing an appeal or postjudgment issue.

What about the federal 18 U.S.C. § 924(c) enhancement?

Section 924(c) adds a mandatory consecutive 5 years — 7 if brandished, 10 if discharged — for using or carrying a firearm during and in relation to a drug trafficking crime, or for possessing a firearm in furtherance of that crime. It cannot be suspended or run concurrent. When possession in furtherance is the charged federal theory, the alleged connection needs close review — the firearm must have served as an operational tool of the drug trafficking activity, not merely been present in the same location as drugs. A firearm with no operational connection to the trafficking activity — a personal protection weapon, a firearm belonging to another person, a weapon stored separately from the drug operation — may not satisfy either prong and the § 924(c) charge can be defeated.

Does suppression of the drugs also suppress the firearm?

Not automatically. An illegal-search suppression motion must identify the challenged search, this defendant’s ability to contest it, any warrant or exception, and which evidence was obtained as a result. Even if police recovered the drugs and gun together, a court may treat particular evidence differently because of independent source, attenuation or another applicable rule. If key evidence is excluded, the prosecutor may lack proof of one or both allegations, but dismissal is a separate case outcome. Counsel should preserve the search record and move on the facts rather than promise that one motion ends every count.

How serious are the immigration consequences for non-U.S. citizens?

Drug and firearm allegations can create more than one immigration question. A controlled-substance conviction, a drug-trafficking conviction, and a firearm conviction may implicate different grounds under 8 U.S.C. §§ 1227(a)(2)(B), 1101(a)(43)(B) and 1227(a)(2)(C). Whether the particular plea or finding meets a federal definition, and what relief remains, requires review of the precise record and the person’s history. A California firearm enhancement finding is not simply interchangeable with a separate firearms conviction. If a suppression motion succeeds, its actual order and any remaining counts matter. Obtain qualified immigration advice before a plea rather than assume either automatic removal or guaranteed safety.

Are payment plans available?

Yes. The Law Offices of David Chesley offers flexible payment plans because cost should never be the reason someone facing drug charges with a firearm enhancement goes without experienced legal representation to challenge both the underlying charge and the enhancement. Call to discuss options during your free consultation.

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A firearm found near drugs is a reason to read the charging document carefully, not a complete enhancement finding. For PC § 12022(a)(1), ask which principal allegedly knew and had the gun available in connection with the felony. For PC § 12022(c), ask whether the charged drug predicate is listed and whether this defendant personally carried or had the firearm available for use. PC § 12022.5 asks about personal use. PC § 12022.53 requires one of its separately listed violent or serious felonies; ordinary drug possession or sale alone is not on the list. A federal 18 U.S.C. § 924(c) count has its own “during and in relation to” or “in furtherance of” connection and sentencing rules.

Start with the complaint or indictment, police inventory, photographs of where the firearm and drugs were found, body-camera and search records if available, and statements about who controlled the room or vehicle. A firearm need not be loaded or operable in every arming instruction, so do not treat those facts as automatic defenses. Ownership may help identify access, but another person’s ownership does not settle who was armed. A search challenge requires standing and attention to exceptions; even if evidence is excluded, separate admissible proof may remain. The defense should match each statutory allegation to a specific count and verdict finding.

For sentencing, distinguish a challenge to proof from a request that a California court exercise current discretion to strike an applicable enhancement. A strike is not guaranteed, and it does not turn an unrelated drug count into a PC § 12022.53 predicate. Federal consecutive terms have separate statutory rules. If the accused is not a U.S. citizen, have the exact convictions and findings reviewed for immigration consequences before any plea; drug and firearm issues are not safely resolved by a generic charge label. Preserve evidence promptly under the actual agency retention schedule, and ask counsel to explain realistic options for this record.

Don't assume the enhancement automatically applies. Don't assume the search was legal. And don't wait. If you have been charged with any drug offense with a firearm enhancement — in California state court or in federal court — call now.

The Law Offices of David Chesley offer a free, confidential consultation available 24 hours a day, 7 days a week. No judgment. No pressure. Honest assessment of the specific enhancement in your case and every available defense.

Flexible payment plans available — because cost should never be the reason someone facing drug charges with a firearm enhancement goes without the experienced defense this case demands.

David Chesley handles drug charges with firearm enhancements in criminal courts and federal courts across all of California — Los Angeles County, Orange County, San Diego County, Riverside County, San Bernardino County, Ventura County, Santa Barbara County, Kern County, Fresno County, Sacramento County, Alameda County, Santa Clara County, San Francisco County, Contra Costa County, San Joaquin County, Stanislaus County, Monterey County, and every other jurisdiction statewide.

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"A firearm found near drugs does not automatically trigger the enhancement — the prosecution must prove the specific nexus, use, or furtherance element independently. My commitment is challenging both the underlying drug charge and every element of the enhancement simultaneously — through suppression that defeats both, through nexus and knowledge challenges that defeat the enhancement specifically, and through strike discretion available at sentencing where the facts support it." — David Chesley, California Criminal Defense Attorney

Whether a search challenge defeats either count depends on the admissibility ruling and remaining proof. The charged enhancement and available strike authority must be assessed separately.