A sentencing enhancement may be applied if you committed a crime “for the benefit of” a gang.
In California, the state takes gang crime seriously — so much so that legislators have enacted a special sentencing enhancement for committing a crime while participating in a gang. That is because gangs are notorious for using violence to protect and promote their illegal activities, which can range from drug crimes to weapons trafficking.
California law enforcement agencies rely on a state gang database to identify people who may belong to a gang. This database, known as CalGang, includes people who are known gang members as well as people who may be affiliated in any way with gangs — which could simply mean living in an area where gang activity is known to take place. In many cases, these files may not be updated regularly, which means that even if you were a minor when your information was entered into CalGang or if you have renounced your gang membership, you may still be included in the CalGang database — even if that information is no longer accurate. A skilled Los Angeles criminal defense attorney may be able to challenge your inclusion in the CalGang database as part of your overall defense.
Under California law, it is a crime to participate in a street gang and to assist in any felony criminal conduct by members of that gang. This crime can result in a sentence of anywhere from one year in county jail to up to a felony conviction sentence of up to three years in state prison.
In addition, if you are convicted of committing a felony for the benefit of a gang, you can receive a gang sentencing enhancement in addition to the sentence you will receive for the underlying crime. That means that on top of the sentence that you will get — for example, 5 years — you could be sentenced to an additional 2 to 15 years or longer simply because the crime that you committed may have been done for the benefit of a gang — even if you aren’t in a gang. The key element that the prosecution must prove is that the felony you committed was for the benefit of a gang.
For example, consider a relatively common situation of a girlfriend of a gang member who may assist her boyfriend in the sale of drugs. If the girlfriend helps her boyfriend by driving a large quantity of drugs to a destination so that they can be sold, and is caught with the drugs, she could be charged with felony drug possession with the intent to sell. The prosecutor could then request a sentencing enhancement because the girlfriend was acting for the benefit of the gang — even though she isn’t in the gang herself.
There are many potential defenses to a gang sentencing enhancement. A skilled Los Angeles criminal defense attorney could argue that you were not acting for the benefit of a gang, or that you are not an active participant in a gang. Alternatively, your lawyer could defend against the underlying felony itself — if you are not convicted of that crime, you won’t be subjected to the sentencing enhancement. A skilled Los Angeles criminal defense attorney will work with you to put together a number of factual and legal defenses to both the charge and the sentencing enhancement.
If an overly aggressive prosecutor wants to charge you with a gang-related crime, you will need a tough, smart lawyer to defend you. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation today.
