Penal Code 186.22 PC is part of the “California Street Terrorism Enforcement and Prevention Act” or “STEP Act” which is California’s street gang enhancement law.
The California street gang sentencing enhancement law has two parts:
- Penal Code 186.22(a) PC states that it is a crime to participate in a street gang and assist in any felony criminal conduct by the gang’s members.
- Penal Code 186.22(b) PC is the actual gang sentencing enhancement. This part of the law states that anyone who commits a felony for the benefit of a gang will receive a mandatory prison sentence in addition and consecutive to the penalty s/he receives for the underlying felony.
Depending on the circumstances of the offense, Penal Code 186.22(b) PC could mean an additional two to fifteen years, or even twenty-five years to life, in prison. Even if you’re not a gang member and even if you aren’t the individual who was most directly responsible for committing the underlying felony, you can still be charged with this offense.
In order to receive a gang sentencing enhancement, the prosecutor must prove, in addition to your guilt of the underlying crime, that:
- You committed or attempted to commit the crime for the benefit of, at the direction of, or in association with a criminal street gang; and
- When you committed the crime, you intended to assist, further, or promote criminal conduct by members of the gang.
Note that you don’t have to be an “active participant” in a gang at the time you committed the crime to be given a gang sentencing enhancement.
California takes offenses involving gang activity very seriously and you need an aggressive California criminal defense attorney who knows how to defend a person from gang-related charges. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation. William Daley is an experienced criminal defense and DUI lawyer with over thirty years of experience defending his clients and getting their charges reduced or dismissed.
