San Francisco Criminal Defense: Gang-Related Crimes in California

A San Francisco Criminal Defense Attorney Defending People Charged with Gang-Related Crimes

California law enforcement and prosecutors are very aggressive when it comes to pursuing gang crimes. While in some cases aggressive action is necessary, the result is that many people wind up being charged with gang-related crimes who shouldn’t be. Being charged with a gang-related crime can result in a much harsher sentence than you would otherwise face for the underlying crime. As a result, if you’ve been charged with a gang-related crime, it’s imperative that you speak with a San Francisco criminal defense lawyer as soon as you can.

The Law Offices of David S. Chesley, Inc. can help you fight these aggressive prosecution tactics to ensure you get a fair result. You need someone on your side, and our Bay Area criminal defense attorneys have the skills and experience you need. Call us at 800-755-5174 or contact us online to schedule a free consultation to discuss how we can help you.

The California STEP Act

In order to combat the rise in gang activity, California enacted the Street Terrorism Enforcement and Prevention Act (the “STEP” Act) in 1998. The Act hoped to address gang-related crimes with two important ways:

• By criminalizing participation in a gang; and
• By imposing enhanced prison sentences committed as part of participation in a gang.

There has been a lot of debate about the effectiveness of the STEP Act since it was passed, but the bottom line is that simply being involved in a gang can lead to criminal charges and defendants can face heavier penalties as a result of the Act.

Gang Participation

California Penal Code Section 186.22(a) makes it illegal to “ actively participate in any criminal street gang with knowledge that its members engage in, or have engaged in, a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang.”  Therefore, the prosecution must prove three things in order to convict you of gang participation charges:

• You were an active participant in the gang;
• You knew the gang was engaged in illegal activity; and
• You intentionally promoted, furthered, or assisted in the gang’s criminal activity.

These elements seem self-explanatory but are not as easy to prove as you might think. For example, what does it mean that you were an “active” participant in the gang? The prosecution will need to prove that you were actively involved in the gang. Second, they will have to prove exactly what you knew about the gang and that you intended for your actions to somehow benefit the gang. An experienced Bay Area criminal defense attorney can point out the weaknesses in the prosecution’s case and help you avoid a conviction for gang participation.

Penalties for Gang Participation

Gang participation is a “wobbler” offense in California, meaning that it can be charged as a misdemeanor or a felony.

• If you are convicted of misdemeanor gang participation, you face one year in county jail and a fine of up to $1,000.00.
• If you are convicted of felony gang participation, you face a prison sentence of 16 months, two years, or three years in state prison. In addition, the court could impose a fine of up to $10,000.00.

Whether you are charged with felony or misdemeanor gang participation will depend on the circumstances of your case. In addition, keep in mind that gang participation is a separate offense – you could be charged with gang participation along with other underlying crimes. You could also be convicted of gang participation even if you are not charged with or convicted of any other crimes.

Sentence Enhancement for Gang Involvement

In addition to criminalizing gang participation, the STEP Act also enhances penalties for crimes that were committed as part of gang activity. California Penal Code Section 186.22(b) imposes these penalties “in addition and consecutive to the punishment prescribed” for any underlying crime that you are convicted of.

As a result, there is a two-step process in order to seek the gang involvement sentence enhancement. First, the prosecutor must first prove that you committed the underlying crime, and then they must prove that the crime was committed under the following conditions:

• You specifically intended to advance the criminal conduct of the gang; and
• That the crime you committed was done for the gang’s benefit, at its direction, or in association with the gang.

Felony Enhancements

As a general rule, the court may impose a sentence enhancement of two, three, or four years for conviction of a felony. The sentencing enhancements are then determined by the following classifications of the underlying crime:

• Serious felonies: five additional years in prison. Examples of serious felonies include shooting at someone’s home, certain drug crimes, assault with a deadly weapon or firearm against a police officer, and making criminal threats.
• Violent felonies: ten additional years in prison. Examples of violent felonies include murder, any crime involving serious bodily harm to the victim, and certain sex crimes.

The law also provides sentence enhancements for specific felonies such as the following:

• You could face an additional 15 years to life in prison for a home invasion robbery, carjacking, or drive-by shooting.
• You could face an additional seven years in prison if you are convicted of extortion or dissuading a witness.

We should also point out that committing a gang-related felony on the grounds of or within 1,000 feet of a school could also subject you to an enhanced prison sentence under the STEP Act.

Misdemeanor Enhancements

The STEP Act also gives prosecutors the ability to seek a felony sentence of one, two, or three years in state prison for gang-related misdemeanors. Again, prosecutors will have to prove that you are guilty of the crime and that the crime was committed as part of your involvement in a gang. The bottom line is that misdemeanor crimes that typically carry lighter penalties can quickly result in a lengthy prison sentence.

The Use of Firearms and Gang-Related Crimes

Unsurprisingly, most gang cases also involve gun charges. This can lead to possible sentence enhancements in addition to those imposed by the STEP Act. There are two types of gun-related sentencing enhancements that are often involved in gang-related cases:

• Personal use of a gun under California Penal Code Sections 12022 and 12022.5.
• California’s 10-20-Life sentencing enhancement.

In some cases, these enhancements may apply instead of the gang enhancement, such as when the prosecution can’t prove that the crime was committed as part of your involvement in a gang. In other instances, these enhancements could be in addition to the gang enhancements, resulting in an even longer prison sentence.

Personal Use of a Gun

Under Penal Code Section 12022.5 you could face an additional three, four, or ten-year sentence if you use a gun during the commission of a felony. If someone else involved in the crime was armed with a gun, Penal Code Section 12022 imposes a possible one-year sentence enhancement even if you did not have a gun.

The 10-20-Life Law

California’s 10-20-Life sentencing enhancement is often charged in connection with gang-related crimes. California Penal Code Section 12022.53 imposes the following sentence enhancements:

• You could face an additional 10 years in prison for personally using a gun during the commission of specific felonies such as murder, robbery, and carjacking.
• You could face an additional 20 years if you personally fired the gun during the commission of the crime.
• You could face an additional 25 years to life in prison if you fired the gun and caused serious injury or death to another person.

Our Bay Area Criminal Defense Attorneys Can Fight Your Gang-Related Charges

Criminal defense attorney David Chesley and his team of experienced criminal defense attorneys represent people who are facing gang-related charges throughout the Bay Area. Our attorneys are dedicated and aggressive, they understand that your future is at stake and don’t take anything for granted. They will challenge every element of the prosecution’s case to make sure you get the best possible outcome. If you’re facing charges, you need to speak with one of our criminal defense attorneys in San Francisco right away, our lawyers are here to help. Schedule a free consultation by calling 800-755-5174 or filling out our online contact form to discuss your case and learn how we can protect your rights.