Definition
Gang Enhancement under California Penal Code Section 186.22, is a criminal offense and it is normally filed as either a felony or misdemeanor for subsection A of the code. Gang Enhancement is when anyone intentionally participates and furthers the motives of criminal gang activities.
Elements of the Crime
In order to take a Gang Enhancement CPC 186.22 case to trial, certain elements of the crime will have to be proven. These include:
· That the defendant was part of a criminal mob
· This mob committed criminal activities and the defendant was aware of this
· The defendant helped support the mob by endorsement, assistance and/or support
Punishments for CPC 186.22 Subsection A:
These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case, and also an individual’s criminal history.
When found guilty of Gang Enhancement, it is usually filed as either a misdemeanor or felony and this includes:
· As a misdemeanor, the charges are up to one year in jail
· As a felony, sixteen months, two to three years in prison
Punishments for CPC 186.22 Subsection B:
CPC law doesn’t only outline penalties for being a gang member, it also enhances punishments of members or associates of a gang that have committed felonies. In order to receive this enhanced sentencing (usually between 5,10,15 or 20 more years), the State of California will have to prove that you are guilty of a felony, and you have been charged. In addition, this felony had to have been carried out for the purpose of endorsing the gang’s criminal activities. Here are the penalties for each felony:
· 2,3/4 extra years for generic felonies listed in the code
· 5 extra years for serious felonies
· A minimum of 15 years extra or life imprisonment
· Felony charges for misdemeanors
Legal Defenses for California Penal Code 186.22
Just because you’ve been arrested of a gang enhancement, doesn’t mean you’re automatically guilty.
