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 (888) 250-2865 to take advantage of a free consultation from a MacGregor & Collins, LLP legal professional.
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 forty 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 MacGregor & Collins can help you. We will bring superior legal experience to aid you in this challenging time. Call us today at (888) 250-2865.