Gang Related Crimes

PENAL CODE § 186.22 PC – CRIMINAL STREET GANG ACTIVITIES – CALIFORNIA LAW

California’s main street gang law is Penal Code Section 186.22. This section criminalizes either:

Participation in a gangwhile furthering a felony, or
Carrying out a crimefor the benefit of a gang.

How does California law define “participation in a criminal street gang?”

PC 186.22(a) requires a prosecutor to establish the following to convict a street gang member:

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 accused willfully assisted, furthered, or promoted felony criminal conduct by gang members.

This legislation defines “active involvement” in gang activity as more than passive participation.

A “criminal street gang” is any group of three or more persons that:

Has a common name or an identifying sign or symbol,
Has, as one of its primary activities, the commission of one of a long list of California criminal offenses, and
Is engaged in a pattern of criminal gang activity, either alone or together.

Penalties

In some cases, a conviction could lead to a life term in state prison.

While;

Penal Code 186.22(a) punishes the crimes of participating in a gang and promoting a felony.
Penal Code 186.22(b)serves as a sentencing enhancement that imposes additional mandatory prison time when a person carries out a crime for the benefit of a gang.

Following the completion of the original term for the original crime, the offender begins serving the additional sentence.

According to Penal Code 186.22, involvement in a gang may result in charges including:

A misdemeanor, or
A felony

Misdemeanors carry a sentence of up to 1 year in jail. Felonies carry a sentence of up to 3 years in jail or prison.

A violation of California Penal Code Section 186.22(a) can be charged as either a misdemeanor or a felony.

The offense carries a maximum one-year sentence in county prison as a misdemeanor punishment. The crime carries a maximum three-year jail term since it is a felony.

Penal Code 186.22(b) is a sentencing enhancement for street gang involvement. The punishment for the infraction ranges from an extra three years to a life sentence in state prison. The defendant serves this time in addition to and after the punishment they receive for the original offense.

Examples

Two gang members commit violent crimes such as assault with a deadly weapon.
A non-gang member carjacks another person for the benefit of a gang.
A gang member is engaging in felony money laundering at the direction of another gang member.

Defenses

Criminal defense lawyers draw upon several legal strategies to help defendants contest criminal charges under this statute. A few common ones include showing that an accused:

Did not commit an underlying felony offense,
Was not an active participant in a gang, and/or
Did not act for the benefit of a gang.

CALIFORNIA PENAL CODE [SECTION] 186.22(A) – CRIMINAL STREET GANG ACTIVITY

Participating in a criminal street gang and deliberately promoting, furthering, or assisting a gang member’s offense is punishable under Penal Code 186.22. Criminal Street Gang Activity is a crime in California under Section 186.22(a). The prosecutor may charge you with a misdemeanor or felony depending on your case.

What Does California Penal Code 186.22(a) [Criminal Street Gang Activity] Prohibit?

In sum, to be guilty of Criminal Street Gang Activity under PC 186.22(a), you must:

Commit or attempt a crime,
Act for (or with) a gang, and
Intend to participate in gang activity.

What Does California Penal Code 186.22(a) [Criminal Street Gang Activity] Prohibit?

In sum, to be guilty of Criminal Street Gang Activity under PC 186.22(a), you must:

Commit or attempt a crime,
Act for (or with) a gang, and
Intend to participate in gang activity.

Defining “Criminal Street Gang Activity” Under California Penal Code §186.22(a)

To convict you under CPC 186.22(a), the prosecutor must prove the following beyond a reasonable doubt:

Committed or attempted: you committed or attempted to commit a felony crime; and,
Acted for the benefit of you acted for the benefit of, at the direction of, or in association with a criminal street gang and,
Intent: your intent was to assist, further, or promote the criminal conduct of gang members.

Defining Gangs and “Criminal Activity” Under Section 186.22(a)

Section 186.22 defines “criminal gangs” with over two dozen violations. The following offenses show a “pattern of criminal behavior” by the gang, allowing a jury to decide that the issue of whether you were working for or with a “criminal gang” when you committed a crime:

Assault with a deadly weapon (PC §245) occurs when someone uses a dangerous weapon or a weapon other than a firearm to attack someone else.
Robbery (PC §211)entails stealing someone’s property through force or threat. You robbed before stealing the property.
Murder (PC §187)is premeditated murder. This section covers premeditated and violent felony murders.
Manslaughter (PC §192)is unintentional murder. It may be voluntary, involuntary, or vehicular.
Possession for sale of a controlled substance (HSC §11351)includes selling Schedule I and II narcotics. Section 11351 also prohibits drug sales.
Sale, transportation for sale, etc., of a controlled substance (HSC §11352)transports, sells, gives away, or proposes to do any of these with a material mentioned in the act. Transporting illicit drugs for sale is unlawful.
Shooting at an inhabited dwelling (PC §246)entails shooting an inhabited home, building, motor vehicle, airplane, house car, or camper. The house must be inhabited or utilized at the time of the shooting.
Discharging or permitting the discharge of a firearm from a motor vehicle (PC §26100) occurs if you permit another person to discharge a firearm from your vehicle or if you discharge a firearm from your own motor vehicle.
Arson (PC §451)entails purposefully burning or helping someone burn property. Any singeing works. Burning your own property or having someone else burn it is not arson unless you plan to deceive, harm, or destroy someone else.
Witness intimidation (PC §136.1)deliberately and maliciously preventing a witness or victim from appearing or testifying at a legal trial, procedure, or inquiry is a felony. It includes attempted intimidation.
Grand theft (PC §487)theft of goods or services above $950 stolen cars, firearms, and fish contravene Section 487. (If stolen from a commercial fishery or a research operation).
Burglary (PC §459)enters a building to conduct a crime. Entry does not need force, threat, or devastation. Entry must be intended to commit a crime.
Rape (PC §261)coercion, fear, threats, or compulsion to have sex with someone other than your spouse. Rape always violates the victim’s free will, even if they do not resist.
Money laundering (PC §186.10)is a felony if you perform or attempt a transaction to aid illegal activities or use illicit money. The act criminalizes money related to crime, directly or indirectly.
Kidnapping (PC §207)makes it unlawful to force or intimidate someone into another California county, state, or nation. Taking someone inside the county is also unlawful. Kidnapping includes illegally holding or arresting someone.
Mayhem (PC §203)entails illegally and deliberately removing a physical part, disabling, disfiguring, or making it unusable, cutting or disabling a tongue, taking out an eye, or slashing the nose, ear, or lip.
Aggravated mayhem (PC §205)is a felony when someone deliberately causes lifelong impairment, or deformity, or deprives another of a limb, organ, or bodily part. This section requires no intent to murder the victim.
Torture (PC §206)entails severely injuring someone. Retribution, extortion, persuasion, or sadistic motive must be the goal.
Extortion (PC §518) in its simplest form happens when someone compels another to give up property or do something illegally. Extortion may also occur when a person threatens or coerces an official or when an official illegally coerces another person.
Carjacking (PC §215) entails stealing a car from someone without their consent. You must aim to steal the automobile by force or terror.
Sale, delivery, or transfer of a firearm (PC §27500)occurs when anyone sells or gives a firearm to any person prohibited by Section 29800 or Section 29900.
Minor possessing deadly weapons (PC §29610)prohibits pistols and semiautomatic weapons for minors. California banned all weapons for minors on January 1, 2023.
Criminal threats (PC §422)applicable when someone threatens a crime that would cause death or grave bodily harm. The threat must instill terror in the target,
“Joyriding” (California vehicle code [CVC] §10851)is a car theft of offense It happens if you steal someone else’s car without their knowledge and plan to keep it. No matter your intent, the law applies.
Prohibited firearm possession (PC §29800) is umbrella legislation that prohibits felons from owning, possessing, receiving, purchasing, having custody or control over a weapon. Section 29800 applies to offenders, certain offenses, and narcotic addicts.
Carrying a concealed firearm (PC §25400)happens when someone conceals a weapon, a firearm, or an occupant of their vehicle. The law does not apply to belt-holstered firearms.
Carrying a loaded firearm (PC §25850)when someone carries a loaded handgun on a public roadway or in a vehicle in an incorporated city. Public spaces and roadways in forbidden unincorporated regions are likewise covered by the legislation.

Penalties for Criminal Street Gang Activity under California Penal Code §186.22(a)

If you are convicted of felony Criminal Street Gang Activity, the penalty may be:

A term of up to 3 years in state prison, in addition to any sentence or fine for the underlying offense generating the enhancement,
A fine of up to $10,000 (ten-thousand dollars); or,
Both a fine and imprisonment.

If you are convicted of misdemeanor Criminal Street Gang Activity, the penalty may be:

A term of up to 1 year in a county jail in addition to any sentence or fine for the underlying offense generating the enhancement,
A fine of up to $1,000 (one-thousand dollars), or
Both a fine and imprisonment.

Defenses against California Penal Code 186.22(a) – Criminal Street Gang Activity

Three common defenses against a charge of Criminal Street Gang Activity under PC §186.22(a) are:

You were not an active gang participant,
You committed (or attempted) no crime,
You were not acting to benefit a gang.