Get legal help if you have been charged in accordance with Penal Code 186.22 PC – Gang Enhancement in California. Talk with a criminal defense lawyer, and you can take the initial step to contest your charge before it leads to a conviction.
Silver Law Firm has served over 10,000 clients, including those who have been charged under Penal Code 186.22 PC. Our criminal defense attorneys can teach you about California’s Penal Code and answer any questions you have. Plus, depending on your situation, we can prepare a legal defense specific to your case.
Give us the opportunity to serve as your legal representative and advocate. In the aftermath of a Penal Code 186.22 PC charge, we are committed to providing you with a solid legal defense. To find out more, request a free and confidential consultation.
What Is California Penal Code 186.22 PC – Gang Enhancement in CA?
California Penal Code 186.22 PC is part of the Street Terrorism Enforcement and Prevention (STEP) Act, which creates a standalone crime involving active participation in a criminal street gang and provides sentencing enhancements for certain qualifying felonies committed for the benefit of, in association with, or at the direction of a criminal street gang.
Silver Law Firm offers FAQs and other resources to those interested in learning more about California Penal Code 186.22 PC and gang enhancements in the State of California. We also help those who have been arrested in alignment with CA Penal Code 186.22 PC dispute their criminal charges. Reach out to us for more information.
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Key Parts of CA Penal Code 186.22 PC – Gang Enhancement in CA
Under PC 186.22(a), it is illegal to actively participate in a criminal street gang while knowing that its members are engaging in or have engaged in a criminal gang activity pattern and are willfully promoting, furthering, or assisting felonious criminal activity by gang members.
Meanwhile, PC 186.22(b) provides a sentencing enhancement for certain felonies committed for the benefit of, in association with, or at the direction of a criminal street gang when the defendant specifically intended to promote, assist, or further gang members’ criminal conduct.
Penalties if You Are Convicted Under California Penal Code 186.22 PC and Gang Enhancement in CA
The penalties you can receive if you are convicted under California Penal Code 186.22 PC depend on whether you face charges for active participation in a criminal street gang or a gang sentencing enhancement tied to an underlying offense.
If you are charged with participating in a criminal street gang and actively assisting in felonious conduct, you face misdemeanor or felony penalties. Comparatively, if you are convicted of a misdemeanor, you are subject to up to 12 months in jail. Or, if you’re convicted of a felony, you can receive up to one year in county jail, or 16 months, two years, or three years in state prison.
Alternatively, if you’re convicted of an underlying felony committed to benefit, promote, or direct a criminal street gang, you are subject to extra consecutive prison terms added to your base sentence. The additional prison term is generally two, three, or four years for an applicable felony, five years for serious felonies, or 10 years for violent felonies.
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Legal Defenses to Consider if You Have Been Charged Under CA Penal Code 186.22 PC in California
Err on the side of caution if you have been charged with a felony or misdemeanor in California. Have a criminal defense attorney help you develop a legal defense that accounts for the facts of your case. Your lawyer may utilize any of the following legal strategies to dispute your charge under CA Penal Code 186.22 PC:
- No gang benefit, intent, or association: Your lawyer can argue that the underlying crime was committed for personal reasons rather than for the benefit of, in association with, or at the direction of a criminal street gang.
- No active participation: In some cases, your lawyer can prove that your association with gang members only amounts to ordinary social interactions, neighborhood ties, or family relationships rather than active participation in criminal activities.
- False accusation or mistaken identity: Your attorney can challenge unreliable witness testimony regarding gang affiliation.
Your attorney can engage in plea bargaining with the prosecution on your behalf. This may allow you to get the prosecution to strike a gang allegation or reduce your felony charge to a misdemeanor.
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We Offer Legal Guidance to Those Who’ve Been Charged Under Penal Code 186.22 PC – Gang Enhancement in California
You are likely worried about what will happen if you are convicted of a criminal offense under Penal Code 186.22 PC. Speak with our criminal defense lawyers, and we can develop a custom legal strategy for you.
At Silver Law Firm, we will treat your case as if it will go to trial. Our criminal defense attorneys will explore many legal avenues to fight back against your charge under California Penal Code 186.22 PC. Along with this, we are ready to address your legal concerns.
We understand how overwhelming it can be to face a criminal charge. Our criminal defense lawyers will stay on your side and want to help you make informed legal decisions at each stage of your case. To get started, schedule a free and confidential consultation.
Call or text (510) 995-0000 or complete a Free Case Evaluation form