California Penal Code Section 186.22: Gang Enhancements is a law that allows for enhanced criminal penalties for individuals who commit a crime for the benefit of, at the direction of, or in association with a criminal street gang.
Originally intended to combat gang violence, the statute has broad application and can significantly increase the consequences of a conviction—even for individuals with minimal or alleged gang ties.
The state of California can harshly penalize any individual who is accused of participating in gang-related activities. If you have been accused or are facing charges under the California Penal Code, don’t wait to contact a criminal defense lawyer in Los Angeles now.
California Code PC 186.22(a): Participation in a Gang
The first section of PC 186.22 makes it illegal to participate in a gang. For the purposes of PC 186.22, a gang is any group:
- With at least three members
- Who share a common identifying sign, symbol, or name
- With a pattern of engaging in criminal gang activity
The group must commit crimes as a primary activity to be considered a gang in California. Individuals can only be convicted of active participation in a gang if they meet specific criteria. Gang participation involves:
- Knowing that gang members engaged in criminal gang activity or a pattern of criminal activity
- Actively taking part in the gang anyway
- Willingly promoting, furthering, or assisting in gang member felony criminal conduct
Individuals may willingly promote, assist, or further felony criminal conduct if they aid and abet others who commit a felony or commit a felony directly. A California court can prosecute participation in a gang as a misdemeanor or a felony. A conviction can lead to maximum fines of $10,000 and up to three years in prison.
California Code PC 186.22(b): Gang Sentencing Enhancement
PC 186.22(b) charges come into play if someone who is found guilty of participating in a gang is convicted of a crime carried out to:
- Assist or promote the behavior of other gang members
- Offer benefits to the gang
Individuals who face the gang sentencing enhancement can face an additional mandatory prison sentence. Note that this sentence is carried out consecutively to any penalties handed down for the initial criminal act.
Penalties Associated with the Gang Sentencing Enhancement
The gang sentencing enhancements used in PC 186.22(b) are associated with California’s Street Terrorism Enforcement and Prevention Act (STEP). This act was designed to harshly punish any activity carried out by street gangs.
The court system can actually use a number of different penalty enhancements, depending on the underlying criminal charge. The majority of felonies can add up to 4 years of prison time to be served in addition and consecutive to the initial sentence.
However, further additional time behind bars may be added for:
- Serious felonies
- Violent felonies
There are also some specific felonies – including carjacking and home invasion robbery – that could lead to life in prison in California.
Misdemeanor Charges and PC 186.22(b)
So far, we’ve discussed enhancements for felony charges associated with gang behavior in California. However, PC 186.22 can also increase the penalties for misdemeanor charges. PC 186.22(d) allows prosecutors to treat misdemeanors as felonies if an individual committed the misdemeanor to:
- Benefit a criminal street gang
- Assist or promote gang members as they engage in criminal conduct
Shifting a misdemeanor charge to a felony charge can lead to up to 3 years in state prison for a conviction.
How Gang Enhancements Can Increase Your Sentence in California
If you’re facing criminal charges and the prosecution believes the crime was gang-related, you may also be charged with a gang enhancement under the California Penal Code. You could face significantly more time in state prison, even if the underlying charge was a non-violent felony or involved no physical injury.
A pattern of gang crimes like the following can carry extra years behind bars if linked to a criminal street gang:
- Home invasion
- Robbery
- Assault with a deadly weapon
- Credit card fraud
The enhancement depends on whether the crime was committed for the benefit of, at the direction of, or in association with a gang. If proven, the court can add 2, 5, 10, or even 15 years to your sentence. In cases involving violent felonies like Penal Code 187 PC (murder) or Penal Code 245(a)(2) PC (assault with a firearm), the additional time can be even more severe.
What Counts as a Criminal Street Gang Under the Law?
Not every group of people is considered a criminal street gang under California law. According to the Street Terrorism Enforcement and Prevention Act (STEP Act), a gang is defined as an ongoing group with a common name, identifying sign or symbol, and a pattern of criminal gang activity.
This includes offenses like drug dealing, robbery, or violent assaults, typically committed by fellow members. To prove a gang enhancement, prosecutors must also show active participation in the gang and a connection between the alleged criminal conduct and the gang’s goals.
Even if you weren’t the main person involved in the crime, prosecutors can still charge you under the theory of aiding and abetting. Get help from Simmrin Law Group now.
How a Los Angeles Criminal Defense Attorney Can Fight Gang Allegations
If you’ve been accused of a gang-related crime in Los Angeles or anywhere in California, it’s crucial to have a criminal defense lawyer who understands how to challenge gang enhancement allegations.
At Simmrin Law Group, our Los Angeles criminal defense attorneys have years of experience defending clients accused of gang-related activities. These include charges involving home invasion, gang members on school grounds, and other high-stakes cases.
We work to challenge the prosecution’s claims about gang membership, expose weaknesses in their evidence, and push back against unfair sentencing enhancements. If you’ve been accused of a pattern of criminal gang activity, review your options with Simmrin Law Group.
What to Do if You are Accused of Criminal Gang Involvement
Being accused of gang association or involvement under the California Penal Code is a serious legal matter. This law allows prosecutors to add extra prison time to your sentence if they claim you committed a crime in connection with a criminal street gang.
Even if the underlying offense is not gang-related, you can still face years of additional punishment if the enhancement is proven. If you are facing this kind of accusation, it’s critical to act immediately and strategically. Here’s what you should do:
- Hire a criminal defense attorney with gang case experience: Gang enhancement cases are highly challenging and require a lawyer who understands how prosecutors build these charges and how to challenge them effectively.
- Do not speak to law enforcement without legal counsel: Statements you make (especially about your associations, friends, or neighborhood) can be misinterpreted and used to suggest gang involvement or aiding and abetting.
- Gather evidence that disproves gang ties: Photos, social media, employment records, school records, and witness statements can all help show that you are not part of a gang or that the crime was not gang-related.
- Challenge the “criminal street gang” classification: The prosecution must prove the group in question meets the legal definition of a criminal street gang. Your Los Angeles criminal defense attorney can attack the validity of this claim.
- Avoid social media and public discussions about the case: Any online activity can be used to build a narrative of gang affiliation. Stay off social media and avoid posting or commenting until your case is resolved.
- Prepare for expert testimony and gang enhancements at trial: These cases often involve “gang experts” who testify for the prosecution. Your defense should be ready to question their credibility and present counter-evidence.
- Protect your future by fighting the enhancement aggressively: A gang enhancement can add 2 to 15 years or more to your sentence. Even if you are guilty of the underlying crime, removing the enhancement can significantly reduce the consequences.
More Legal Defenses and PC 186.22 Charges
Gang enhancement charges can end up having a tremendous impact on your life. You can get help handling these harsh penalties by contacting a Los Angeles criminal defense lawyer at Simmrin Law Group. Our professional legal team may be able to show that:
You Were Falsely Accused of Gang Membership
Gang enhancement penalties should only apply if you participate in a criminal street gang. Individuals can be falsely accused of gang participation in some situations. Allow a criminal defense attorney to dig into the facts surrounding your case if you were not actually involved in a gang.
You Did Not Commit a Crime in the First Place
You should not face a gang sentencing enhancement if you did not commit a misdemeanor or a felony, to begin with. A professional criminal defense lawyer can build a defense to protect you from any underlying criminal charges you are facing in California.
Why Choose Simmrin Law Group?
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Get a Free Criminal Defense Case Review at Simmrin Law Group Now
You can end up facing years of additional time on your prison sentences if you are convicted under California Penal Code Section 186.22: Gang Enhancements. Luckily, you don’t have to handle this difficult time alone.
Get professional help dealing with sentencing enhancements by contacting the criminal defense attorneys at Simmrin Law Group now. Our Los Angeles criminal defense lawyers are offering free case reviews for those falsely accused of gang association. For more information, visit our FAQ page.