California Penal Code 186.22 defines the Criminal Street Gang Chagres. Many innocent people get falsely accused of this serious offense. If you or your family member has been arrested for these charges CALL NOW for a FREE CONSULT with an experienced attorney in GANG DEFENSE at (209)-824-4520.
For the stand alone charged of Participating in a Gang under Penal Code Section 186.22(a) the prosecutor must prove beyond a reasonable doubt:
- You actively participated in a criminal street gang;
- You knew that the gangs members engaged in a pattern of criminal gang activity; and
- You willfully assisted, furthered or promoted felony criminal conduct by gang members.
For the enhancement under Penal Code Section 186.22(b) the prosecutor has to prove beyond a reasonable doubt:
- You committed or attempted to commit the crime for the benefit of or at the direction of or in association with a criminal street gang; and
- When you committed the crime, you intend to assist, further, or promote criminal conduct by members of the gang.
- Additionally you will have to have been found guilty of the underlying crime as well.
There are several possible defenses to assault with a deadly weapon, but some of the main ones are:
- You didn’t commit the underlying felony you are charged with
- You weren’t acting for the benefit of the gang
- You are not an active participant in a gang
- The gang enhancement is being applied in an illegal way
- The interests of justice don’t support sentencing on the gang enhancement
Participation in a street gang stand alone offense( Penal Code Section 186.22(a)):
If charged as a misdemeanor this could result in a year in county jail, if charged as a felony this could result in up to 3 years in prison.
Gang Enhancement (Penal Code Section 186.22(b)):
The consequences for the enhancement vary greatly depending on the underlying charge and facts. It can mean an additional two (2) to fifteen (15) years, or even twenty-five (25) years to life in prison.
Aliens/Immigrants are subject to deportation for committing certain California crimes. A conviction for any Penal Code §1866.22 subjects even legal aliens to deportation.
For more information about your charge and potential penalties and defenses contact an attorney immediately. If you or your family member has been arrested for these charges CALL NOW for a FREE CONSULT with an experienced attorney in GANG DEFENSE at (209)-824-4520.