California Penal Code 186.22
Are you facing charges for Gang Enhancement? If found guilty of violating Penal Code 186.22, you may face a serious felony or misdemeanor offense. After speaking with a skilled criminal attorney you could be able to have your case dismissed. Call (844) 285-9559 to take advantage of a free consultation from our legal professionals.
Section A of California Penal Code 186.22 – Engaging in Gang Activity
According to California Penal Code 186.22 (a), anyone who willfully participates in gang activities or joins together with members of a gang while carrying out a crime can be found guilty of violating gang enhancement laws.
In order to prosecute for Orange County Gang Enhancement, the state will need to provide sufficient evidence that you:
- You were a member of a gang
- You were aware that other participants were involved in gang activity that is criminal
- You intentionally helped, endorsed and supported these criminal activities carried out by a gang
CPC 186.22 Gang Enhancement can be filed under (felony or misdemeanor), and those found guilty can face either:
- Misdemeanor -Up to 1 Year in the Orange County Jail
- Felony – 16 months, two or years in the California State Prison
Section B of California Penal Code 186.22 – Enhancements for Sentencing
Per subsection B of California Penal Code 186.22, in order to enhance sentencing for Orange County Gang Enhancement, the state has the burden to prove you are guilty of:
- A felony
- You committed this felony to help, endorse and support criminal activities carried out by a gang
The increased sentencing is dependent on the type of felony and penal code violation:
- For Generic Felonies: two, three or four additional years
- For Serious Felonies: an additional 5 years.
Serious felonies are all listed in the California penal code 186.22 legislation, and some examples include murder, extortion and assault with a deadly weapon. There are at least fifty two serious felonies listed in the code for 186.22 B
For Specific Felonies: A possible life sentence or a minimum of 15 years in prison for felonies like home invasion robbery, carjacking, shooting at a residence, discharging a firearm from a vehicle and it caused severe bodily injury.
If you committed a misdemeanor offense for the purposes listed above, it becomes a felony conviction under CPC 186.22 D.
If you are facing Gang Enhancement charges for California Penal Code Section 186.22 and were falsely accused, the OC criminal defense attorneys at the Law Offices of Randy Collins can help you. We will bring superior legal experience to aid you in this challenging time. Call us today at (844) 285-9559.