San Bernardino Gang Crimes Lawyer serving Fontana, Pomona, Rancho Cucamonga, Victorville & all of San Bernardino County
California courts can impose severe punishments on people convicted of a crime if they are either gang members or assist gang members with criminal conduct. The law pertaining to criminal street gangs is stated in Penal Code Section 186.22. This law allows the District Attorney’s Office to file either misdemeanor or felony criminal charges against people who “knowingly and actively” participate in a criminal street gang. The law also allows the District Attorney’s Office to allege “enhancements” on top of other crimes. The purpose of these enhancements is to increase the amount of prison time a gang member could face if convicted of a crime. The amount of prison time added by these enhancements can range from two years to life in prison. This range is set based on the type and seriousness of the underlying crime involved in the case.
Because these punishments are so drastic and the law surrounding criminal street gangs so complicated, it is important to hire an attorney experienced with Penal Code 186.22. If you or a loved one is facing a criminal charge or enhancement for street gang membership or activity, contact San Bernardino gang defense attorney Marcie Gardner right away. Marcie has defended many clients (both adult and juveniles) facing these harsh consequences.
Crime of Participating in a Criminal Street Gang
Although not used as frequently as the other parts of Penal Code Section 186.22, occasionally someone can be charged with the crime of active participation in a criminal street gang. To prove this crime, the District Attorney’s Office does not even need to establish that the person charged with this crime is even a member of a gang! All they need to prove is that someone actively participated in a gang, knowing that its members engage in a pattern of criminal gang activity, by willfully promoting, furthering or assisting in any felony conduct by the gang’s members.
This crime can be charged as either a misdemeanor or a felony.
Enhancements for Criminal Street Gang Activities
In addition to the above, a person can also face substantially-increased prison time if that person committed a felony and that felony was proven to be specifically intended to be committed for the benefit of, at the direction of, or in association with any criminal street gang. Depending on the underlying felony, the additional prison time could either be 2, 3, 4, 5 or 10 years in state prison or 7 or 15 years-to-life in prison.
How Marcie Can Help Defeat Gang Crimes or Enhancements
Because the law surrounding criminal street gangs is very complicated, this means that the District Attorney’s Office has a lot of different things they must prove before anyone can be subject to these additional punishments. Marcie never just assumes that a gang crime or enhancement can easily be proven. Instead, Marcie’s approach is to analyze every single aspect of these crimes to see if the proof is lacking on any one element. If so, Marcie vigorously attacks that element to show the weakness of the District Attorney’s case.
Every case is different, but one thing that remains the same for all these “gang cases” is the absolute necessity to fully research every case and get all the documents needed to challenge the gang nature of the case. It takes time to do this work, but it is critical to do it thoroughly. Sometimes a gang enhancement cannot be proven because the District Attorney’s Office will not be able to prove that the “gang” involved qualifies as a criminal street gang or that someone intended to “benefit” a criminal street gang. Sometimes a gang crime cannot be proven because the District Attorney’s Office will not be able to prove “active” participation in a gang. Marcie’s strategy is to take nothing at face value and attack every possible element of Penal Code Section 186.22
These harsh penalties demand an aggressive defense. Marcie Gardner is up to the challenge of helping you or your loved one defend against these crimes and enhancements. When working with Marcie Gardner, your initial consultation is always free of charge. No fee whatsoever. To contact San Bernardino gang defense attorney Marcie Gardner, please call 909.635.2047.
Please call today.