California’s Gang Crime Statutes

It is illegal to participate in a gang or gang activity while furthering a felony or carrying out a crime for the benefit of the gang. More specifically, the following 2 statutes govern gang-related offenses in the state:

• California Penal Code 186.22a – criminalizes participation in a gang and promoting a felony;
• California Penal Code 186.22b – provides certain sentence enhancements that can impose additional penalties like mandatory prison time for gang-related activity.

Some common examples of gang crimes in California include several gang members committing assault with a deadly weapon or a non-gang member committing a robbery or act of money laundering to benefit a member of the gang.

To secure a conviction for participation in a street gang under Penal Code 186.22a, the prosecutor must be able to prove the following:

• the defendant actively participated in a criminal street gang;
• the defendant knew that the gang’s members engaged in a pattern of gang crimes; and
• the defendant willfully assisted, furthered, or promoted felony criminal conduct by gang members.

Note that a “criminal street gang” refers to any group of 3 or more people that:

• has a common name or identifying sign or symbol;
• has as one of its primary activities the commission of a California criminal offense; and
• is engaged in a pattern of criminal gang activity, either alone or together.

A judge will impose the gang enhancement under Penal Code 186.22b if the defendant committed or attempted the crime for the benefit of or in association with the gang and they did so to promote the criminal gang-related conduct. However, the prosecutor must successfully prove all the elements of the defendant’s underlying crime for this enhancement to apply.

Schedule a free initial consultation with the Law Office of Tim A. Pori online or at (707) 309-3480 to strategize your legal defense today.