California Penal Code 186.22 PC – Gang Enhancements
California Penal Code 186.22 PC is the law that covers gang enhancements in California. This law allows prosecutors to seek longer prison sentences for crimes committed for the benefit of, at the direction of, or in association with a criminal street gang.
Gang enhancements can add 2, 3, or 4 years to a sentence for a felony or make the crime a felony rather than a misdemeanor. Gang enhancements can also add 10 years or more to a sentence for serious or violent felonies. Let’s take a closer look at how these gang enhancements work.
What is a Criminal Street Gang?
Under California law, a criminal street gang is defined as:
- An ongoing group or association of 3 or more people
- That has a common name or sign or symbol
- Has as one of its primary activities the commission of certain criminal offenses
- Engages through its members in a “pattern of criminal gang activity”
This definition includes well-known gangs like the Crips, Bloods, Latin Kings, etc. But it also includes smaller neighborhood crews that engage in criminal activities like graffiti, drug sales, or violence.
What is a Pattern of Criminal Gang Activity?
To prove a pattern of criminal gang activity, prosecutors must show:
- The commission of, conviction of, or arrest for 2 or more specified criminal offenses
- These offenses were committed on separate occasions within 3 years of each other
- At least one of those offenses was committed after the law went into effect in 1988
- The offenses were committed by 2 or more gang members
The list of qualifying criminal offenses includes serious and violent felonies like murder, robbery, kidnapping, arson, assault with a deadly weapon, and more.
Participation in a Criminal Street Gang – 186.22(a) PC
California Penal Code 186.22(a) makes it a crime to actively participate in a criminal street gang. To prove this charge, prosecutors must show:
- The defendant actively participated in a criminal street gang
- The defendant knew the gang engages in a pattern of criminal activity
- The defendant willfully assisted, furthered or promoted felonious criminal conduct by the gang
This offense is a wobbler, meaning it can be charged as a misdemeanor or a felony. The maximum sentence is 1 year in jail or 3 years in prison.
Gang Enhancements – 186.22(b) PC
California Penal Code 186.22(b) provides for enhanced penalties for crimes committed for the benefit of, at the direction of, or in association with a criminal street gang with the intent to promote or assist in criminal conduct by gang members. To prove this enhancement, prosecutors must show:
- The defendant committed a felony for the benefit of, at the direction of, or in association with a criminal street gang
- The defendant intended to assist, further or promote criminal conduct by gang members
The amount of additional time added to the sentence depends on the underlying felony:
- 2, 3, or 4 years for most felonies
- 5 years for serious felonies
- 10 years for violent felonies
- 15 years to life for certain specified felonies like murder, home invasion robbery, carjacking, etc.
Legal Defenses
Some of the common legal defenses to fight gang enhancements include:
- You are not an active gang member
- The crime was not gang-related
- You did not have the specific intent to assist or promote the gang
- The group does not meet the definition of a criminal street gang
- Fight the underlying charges
An experienced criminal defense attorney can evaluate the evidence and determine the best defenses based on the facts of your case.
Related Laws
Other laws related to criminal gang activity include:
- Penal Code 182 PC – California law on criminal gang conspiracy makes it a crime to conspire with gang members to commit a felony.
- Penal Code 12022.53 – The 10-20-life law provides sentence enhancements for using a gun in the commission of a felony.
- Penal Code 12022.7 PC – The great bodily injury enhancement adds 3-6 years for crimes involving great bodily injury.
- Penal Code 190.2 – The gang-related special circumstances murder allows life without parole or death for murder by an active gang member.
Hiring an Attorney
Gang cases involve some of the most serious felony charges carrying life sentences. Having an experienced criminal defense lawyer is critical.
A knowledgeable attorney can challenge the prosecution’s evidence and ensure your legal rights are protected. They will thoroughly investigate the charges and build the strongest defense to get charges reduced or dismissed where possible.
Don’t leave your future to chance. The best way to avoid the harsh penalties of California’s gang enhancement law is to fight the charges with an aggressive legal defense.