How your sentencing can be affected by gang affiliation (Penal Code 186.22)
In California, your sentencing in court could result in a more severe punishment if you were actively involved with a gang at the time the felony offense was committed? In 1988, California legislators enacted the STEP Act (Street Terrorism Enforcement and Prevention Act), to address an increase in c
Penal Code 186.22 allows for gang affiliation sentencing enhancementIf you are associated with a street gang and have been charged with a felony, you can expect your punishment to be more severe than it would be for someone who is not part of a gang. The harsher punishment for gang members is allowable in California under Penal Code 186.22 and often is in response to the circumstances surrounding the committed felony. When the court is made aware of your gang affiliation, an enhancement to your sentencing is decided upon in light of Penal Code 186.22. Numerous details can factor in when the court declares a sentence enhancement. For example, a felony committed on or near the grounds of a school, often is assigned a more severe sentencing enhancement. The gang enhancement punishment, under Penal Code 186.22, can affect such felonies as assault with a deadly weapon; carjacking; drug crimes; making criminal threats; murder; robbery; and sex crimes.
Additional punishments under Penal Code 186.22Under Penal Code 186.22, someone in California - regardless of the felony - could face up to four additional years in prison, if he or she is associated with a criminal street gang. In addition, an individual convicted of a serious felony, with part of a gang, could face an additional five years in prison, specifically if the felony or felonies included assault with a deadly weapon; certain drug crimes; and making criminal threats. Furthermore, the sentencing for a crime conviction for a violent felony could be enhanced by an additional 10 years in prison, if there is known gang involvement. The violent felony committed could include certain sex crimes and even murder. Under Penal Code 186.22 specific felonies can result in greater penalties, if you are associated with a criminal gang. This is important to understand. For example, someone in a gang who is convicted of a felony home invasion or even making criminal threats on the felony level, ultimately could be sentenced to life in prison in California.
Contact my office regarding Penal Code 186.22If you or someone you know is facing a felony charge and is associated with a criminal street gang, contact my office today to see how I can protect your or your loved one in a court of law in California, regardless of Penal Code 186.22.