Take legal action right away if you have been charged with CA Penal Code 186.22 – California’s gang enhancement. Otherwise, if you do nothing, a prosecutor will commit substantial time and resources to your case to make sure you are punished to the fullest extent of the law.
Los Angeles DUI Lawyer has served thousands of clients, including those who have been charged under California’s Penal Codes. We can connect you with an attorney familiar with driving under the influence laws and California Penal Code 186.22 and how these apply to the specific circumstances of your situation.
What Is California Penal Code 186.22 – California’s Gang Enhancement?
The California Street Terrorism Enforcement and Prevention (STEP) Act was enacted in 1988 and amended in 2007. This act was created to help combat criminal street gangs. It includes CA Penal Code 186.22, which defines a criminal street gang, what it means to actively participate in one, and sentence enhancements for those convicted of gang-related felonies.
Per PC 186.22, a criminal street gang includes three or more people and has a common name or identifying sign or symbol. Active participation occurs when gang members engage in a pattern of criminal activity involving two or more felonies within a certain time frame and related to the group.
A gang enhancement can make someone subject to additional penalties if they are convicted of a crime and a prosecutor can prove that this was done to benefit a criminal street gang. Los Angeles DUI Lawyer has decades of experience. We can help you get in touch with a DUI attorney who can explain CA Penal Code 186.22’s gang enhancement in detail.
CA Penal Code 186.22 – California’s Gang Enhancement Penalties
Speak with a lawyer with relevant criminal case experience to get answers to frequently asked questions and any others you have about CA Penal Code 186.22 and California’s gang enhancement penalties. Those convicted of actively participating in a gang can receive a jail or prison sentence and fines. A gang enhancement can range from two years to life in prison.
To understand a gang enhancement, consider an example. The police charge a gang member with assault with a firearm based on CA Penal Code 245(a)(2). The prosecution proves that the assault was intended to intimidate a rival gang or recruit new gang members. In this scenario, the offender may be subject to a gang enhancement in alignment with CA Penal Code 186.22.
Outside of CA Penal Code 186.22 and criminal gang activity, California has enhancements for other crimes. For instance, California Penal Code 422.75 establishes a hate crime enhancement. With this, those convicted of a felony that is proven to be a hate crime can receive up to four additional years in prison on top of other penalties.
How to Defend Against a CA Penal Code 186.22 Charge
Seek legal help if you have been charged with a violation of any of the California Vehicle Codes or Penal Codes. Your attorney will review the facts of your case carefully. For those dealing with a charge under California Penal Code 186.22 and gang enhancement penalties, your lawyer may consider several legal defenses, such as:
Showing That You Did Not Commit a Crime
A prosecutor must prove that you engaged in criminal activity. However, your lawyer can poke holes in the prosecution’s argument to the point where the court has a reasonable doubt about whether you committed a crime. If your lawyer is successful, the court could dismiss your case.
Making It Clear to the Court That You Were Not Actively Participating in a Gang
In their argument, your lawyer may describe how you were a passive member of a gang or a member of the group in name only. They may also use witness testimony to show that you had friends in the gang but had nothing to do with the group’s activities.
Discussing How Your Actions Were Not to the Benefit of a Gang
To be subject to enhanced criminal penalties, a prosecutor must prove to the court that you committed criminal acts to benefit a gang. If the court is unsure of the intent behind your actions, you may not have to face gang enhancements.
What you do today to defend against a California Penal Code 186.22 charge and gang enhancement has long-lasting implications. Rather than face your charge alone, meet with an attorney who will fight for you and help you keep your freedom.
Ask for Legal Help if You Are Dealing With a CA Penal Code 186.22 Charge
The legal process offers no guarantees. For those who have been arrested for violating California Penal Code 186.22, you face harsh penalties. If the prosecutor in your case proves that your offense was committed to benefit a criminal street gang, the penalties you receive for a conviction can affect you for the rest of your life.
Let Los Angeles DUI Lawyer assist you as you search for an attorney who will protect your legal rights and best interests throughout your case proceedings. This lawyer will do everything within their power to help you avoid a conviction under CA Penal Code 186.22 and enhanced gang penalties.
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