Gang Crimes Lawyer in Orange County

Gang Enhancement Laws in California

What is Gang Enhancement?

Under CA Penal Code Section 186.22(b), "Gang Enhancement" is an increase to one's criminal punishments in California due to their willful involvement in gang activity. Gang enhancement applies to those who have committed a felony 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. The possible increase in the sentence under this enhancement is between two years to life in state prison depending on the felony committed.

Even misdemeanors can be enhanced to be charged more heavily. For example, a person charged with felony vandalism (such as tagging that causes more than $400 in damage) may also be charged with Penal Code Section 186.22(a) if the prosecutor believes that the person is also an active gang member. That person also may be charged with Penal Code Section 186.22(b) if the prosecutor believes that the vandalism was committed for the benefit of the gang. This enhancement will increase the possible punishment by a maximum of four years in state prison.

In another example, a person charged with a carjacking may also be charged with the above two sections if the prosecution believes that the person was an active gang member and that the carjacking was committed for the benefit of, at the direction of, or in association with a criminal street gang in Orange County. The potential sentence for this person is life in state prison.

Other crimes that could be open to gang enhancement laws:

• Murder
• Assault & Battery
• Drug Offense
• Robbery/Burglary
• Kidnapping

Both Penal Code Sections 186.22(a) and 186.22(b) are strikes under the California Three Strikes Law.

Gang Affiliation Lawyer in Orange County, CA

In order to prove a gang case, a “gang expert” is called to testify on behalf of the prosecution in almost all cases. These experts are usually investigators from the local police department who are assigned to the gang unit. They will testify to their opinion that a certain person is a gang member based on that person’s prior contacts with law enforcement which are usually documented in police reports and Field Identification Cards.

At the Law Offices of Christian Kim, our attorney has successfully handled numerous gang cases during his career. He has the necessary trial experience to effectively challenge not only the gang expert, but also the prosecution’s other evidence. Being a former deputy district attorney who has worked closely with gang investigators and experts, he can recognize the weaknesses in a prosecution’s case and use it to his client’s advantage.

If you have been charged with a gang crime, contact us today and arrange a free initial consultation. Call (714) 576-2935 now.