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# \[7] 12 - Armed Criminal Action

**Offense Classification:** **Felony (Enhancement)**

***

#### **Definition:**

Armed Criminal Action applies when a person **uses or possesses a firearm or deadly weapon while committing any felony offense**. This is a separate charge from the underlying crime and increases overall sentencing.

***

#### **Elements of the Crime:**

* The individual was **engaged in the commission of a felony offense**.
* The individual **used, carried, or possessed a firearm or deadly weapon** during that offense.
* The weapon was **not legally required for the act** (e.g., not a peace officer on duty).
* The individual had **intent to use or threaten with the weapon**.

***

#### **Penalties:**

* **Sentence Enhancement:** Adds **5 to 15 years** to any associated felony
* **Fine:** Up to $50,000
* **Consecutive Sentencing:** Must be served **in addition to** time for underlying offense
* **No Early Release or Parole** for first 5 years (if firearm discharged)

***

#### **Related Charges:**

* **\[7] 11 - Use of a Firearm in Commission of a Crime**
* **\[3] 12 - Assault with a Deadly Weapon**
* **\[10] TBD - RICO Act Violation** (if part of organized crime)


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