What Are “Gang Crimes”?
Most California gang crimes are classified as felonies and will bring rise to a long sentence of incarceration in prison/jail. They also count as strikes under California’s Three-Strikes Law. The most widespread California gang crimes include:
- Assault
- Assault with a deadly weapon
- Armed robbery
- Gun possession
- Other firearm offenses
- Arson
- Vandalism, and
- Graffiti
Gang crimes in the state of California are rising and law enforcement agencies are becoming stricter with gangs. Sadly, many innocent teenagers and young adults are wrongly accused of being involved in a gang.
Political pressure has brought about very strict punishments for any gang-related crime. In other words, if your criminal offense can be linked to gang activity, you may even face additional harsh criminal punishments, such as a very long prison sentence. Gang enhancement punishments are very serious. Prosecutors can argue for the addition of gang enhancements to many charges, such as theft, drug sales, battery, burglary, robbery or pimping.
How Does Law Enforcement Determine Gang Affiliation?
Therefore, determining whether defendants are potential gang members include the typical signs of gang affiliation which include: |
Sadly, the police are often mistaken, but it takes an experienced gang affiliation defense lawyer to argue against the accusations. The police and other law enforcement officials feel that the end sometimes justifies the means when it comes to gang crime investigations. When this happens, constitutional rights may be pushed aside.
Under California Penal Code §186.22, it is against the law for anyone to join a motorcycle gang, criminal street gang, neighborhood gang, or any other type of group where its main function is committing crimes. As a matter of fact, this code reads (in pertinent part):
“Any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang, shall be punished by imprisonment in a county jail for a period not to exceed one year, or by imprisonment in the state prison for 16 months, or two or three years.
Except as provided in paragraphs (4) and (5), 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, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished as follows:
(1) Except as provided in subparagraphs (B) and (C), the person shall be punished by an additional term of two, three, or four years at the court's discretion.
(2) If the felony is a serious felony, as defined in subdivision (c) of Section 1192.7, the person shall be punished by an additional term of five years.
(3) If the felony is a violent felony, as defined in subdivision (c) of Section 667.5, the person shall be punished by an additional term of 10 years.”
In most cases, the courts order the middle term of a sentence enhancement, unless there are mitigating or aggravating circumstances involved. The court will also state the reasons for its selection of sentencing enhancements on the record when the sentence is determined.
It is very important you are defended by a California gang crimes lawyer. Contact the Inland Empire gang crimes attorney right away to schedule a free initial consultation. Do not waive your rights; act immediately to provide a strong gang crime defense. |
