California Gang Crime Laws
California’s law governs how members of gangs are treated when facing criminal charges.
The law requires prosecutors to prove that the individual accused of a gang crime sentencing was aware of these three elements:
- They were participating in a gang
- They knew the gang accomplished a criminal activity
- The knowingly promoted and assisted the criminal actions of the gang
If these factors are proven, a person can be charged with a misdemeanor or felony. Misdemeanors carry a maximum sentence of 1 year in fail while felonies carry a punishment of up to 3 years in prison.
What is Gang Enhancement?
Gang enhancement is an additional prison sentence that is tacked onto a felony conviction committed for the benefit, promotion, or assistance of any criminal street gang. Additional prison time for gang enhancement is often as severe or more severe than the underlying felony.
Actively and knowingly participating in a criminal street gang is a crime in and of itself, regardless if you commit a crime while associating with that gang. California law targets individuals who have the intent and objective to further, promote, or assist a gang in its criminal activity. This law also applies to anyone who aids or abets the individual, not just the one who directly commits the crime.
Understanding Gang Enhancement Laws in California
Penal Code 186.22(b) PC increases the punishment for “any person who is convicted of a felony committed for the benefit of, at the direction of, or in association with any criminal street gang, and with the specific intent to promote, further, or assist in any criminal conduct by gang members.”
Additional sentencing is dependent on the underlying felony that was committed. Another consideration is whether the felony offense took place in a school zone or within 1,000 feet of a public or private school. Each of these is an aggravating circumstance that the judge may consider when determining sentence length.
Defense Against Gang Crime Charges
There are several ways the criminal defense lawyers at Corrigan Welbourn Stokke can fight your gang crimes charges.
Effective Defense Strategies for Gang-Related Accusations
- Fight the underlying felony: you can’t receive criminal street gang sentencing enhancement if the underlying felony allegations are successfully challenged.
- Proving that you are not an active participant in a gang.
- Proving that you were not acting for the benefit of a gang.
If you have been arrested or charged with gang crime activity, call Corrigan Welbourn Stokke. We know that there are two sides to every story and will fight to protect your rights and your future. Our attorneys are former prosecutors and know the strategies that the other side will use in an attempt to convict you. With over 100 years of combined experience, we are one of Orange County’s premier criminal defense firms.
Common Gang-Related Crimes in California
California law enforcement takes gang-related crimes very seriously. Many offenses that would otherwise be considered minor carry harsher penalties when gang affiliation is suspected. Some of the most common gang-related crimes include:
- Assault and violent offenses – Gang-related assaults can range from simple fights to violent attacks involving weapons. These crimes often result in severe felony charges.
- Drug-related crimes and trafficking – Many gangs engage in drug distribution, leading to charges of possession, trafficking, or manufacturing controlled substances.
- Weapons charges and firearm possession – Unlawful possession of a firearm, carrying a concealed weapon, or using a firearm in a crime can lead to severe penalties, especially when linked to gang activity.
- Robbery, burglary, and theft – Crimes involving stolen property or armed robbery often carry additional sentencing if they are connected to a gang.
- Vandalism and property damage – Gang-related graffiti, destruction of property, or tagging a location as part of gang activity can result in criminal charges.
Penalties for Gang-Related Crimes
Gang-related crimes often carry sentence enhancements, which increase penalties beyond what a standard conviction would require. Here’s how these enhancements impact sentencing:
- How sentencing enhancements impact jail time – Penal Code 186.22 PC adds extra years to sentences when crimes are committed for the benefit of a gang. Some enhancements can add 10 years to life in prison.
- The difference between misdemeanor and felony charges – Many gang-related offenses that would normally be charged as misdemeanors can be elevated to felonies due to gang involvement.
- The possibility of parole or probation restrictions – Those convicted of gang-related crimes often face stricter probation terms, including curfews, travel restrictions, and limits on social interactions.
- How prior convictions can increase penalties – Repeat offenders or those with prior gang-related convictions face harsher sentences, including mandatory minimum prison terms.
How Gang Affiliation is Determined
Prosecutors often try to prove gang involvement to seek enhanced penalties. Law enforcement may use various forms of evidence, including:
- Factors law enforcement uses to label someone a gang member – Police may classify someone as a gang member based on associations, arrests, or witness statements.
- Evidence such as tattoos, clothing, and social media activity – Specific tattoos, colors, or symbols, along with social media posts, can be used as proof of gang affiliation.
- The impact of being wrongly accused of gang involvement – Many individuals who are not gang members may still be accused based on their neighborhood, friendships, or family ties. Fighting false allegations is crucial to avoiding wrongful convictions.
If you are facing gang-related charges, seeking legal representation immediately is critical. A skilled attorney can challenge evidence, dispute gang enhancement claims, and protect your rights.
Frequently Asked Questions About Gang Crime Charges in California
What is the difference between a gang-related crime and a regular criminal charge?
A gang-related crime is any offense committed to benefit, promote, or further the interests of a criminal street gang. These charges often carry sentencing enhancements, which can result in harsher penalties than a similar crime committed without gang involvement.
Can someone be charged with a gang crime even if they are not in a gang?
Yes. A person does not need to be an official gang member to face gang-related charges. Prosecutors may argue that an individual was acting in association with a gang or benefiting a gang, even if they are not a member.
What factors determine if someone is labeled as a gang member?
Law enforcement considers multiple factors, including clothing, tattoos, social media activity, previous arrests, and associations with known gang members. However, these factors can sometimes lead to wrongful accusations.
Are gang enhancement laws the same for juveniles?
Juveniles can still face gang enhancements, but sentencing may be different depending on their age, the severity of the crime, and whether they are tried as a juvenile or an adult. In some cases, prosecutors may seek to have a juvenile charged in adult court.
Can my case be dismissed if I was wrongly identified as a gang member?
Yes. If there is insufficient evidence to prove gang affiliation or intent to benefit a gang, an attorney may be able to argue for a reduction or dismissal of charges. Mistaken identity and lack of direct involvement are common defenses.
What happens if I refuse to testify in a gang-related case?
Refusing to testify can result in legal consequences, including contempt of court charges. However, if testifying puts you at risk, an attorney may help you seek legal protections, such as immunity or protective measures.
How can an attorney help if I’m facing gang-related charges?
An experienced attorney can challenge the prosecution’s evidence, argue against gang enhancements, and work to reduce or dismiss charges. They can also help you understand your legal rights and possible defense strategies.
Don't let a gang enhancement add years to your sentence. Contact us now at (949) 251-0330 to start building your defense.
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