California Court Rules That Gang Enhancement Law Is Constitutional

The court denied the appeal of a man sentenced to life without parole.

California Court Rules That Gang Enhancement Law Is ConstitutionalIn California, if you are involved with a criminal street gang, then you can be charged with a criminal offense just for your participation in the gang. In addition, if you commit a felony offense for the benefit of a gang, then your sentence can be enhanced. This means that in addition to any sentence you may receive for the underlying crime, you will receive an additional penalty.

As a criminal attorney in San Bernardino, CA can explain, the exact penalty will depend on the circumstances of the offense. Your sentence could be extended by anywhere from 2 years to life in prison under this law. To prove this offense, a prosecutor must demonstrate that:

  1. You committed or attempted to commit a crime for the benefit of, at the direction of, or in association with a criminal street gang; and
  2. When you committed the crime, your intent was to assist, further or promote criminal conduct by members of the gang.

The prosecutor must prove the elements of the felony offense that you have been charged with as well, and you must be convicted of that crime to have your sentence enhanced (i.e., if you are not convicted of the felony crime, there is no sentenced to be “enhanced”). Importantly, you do not need to be an active participant of the gang at the time when you committed the crime. It is enough to show that you did it in order to help the gang in some way.

This law is controversial, in no small part because it can result in a lengthy prison sentence for associating with other people. However, a California appeals court recently ruled that this law is not a violation of the constitution.

30 year old David Arce was convicted of special circumstances gang charges for the 2014 murder of another man. A jury found that the shooting was carried out to benefit the Nortenos gang, of which Arce was a member. The sentencing enhancement was applied to his case after he was found guilty of first degree murder and possession of a firearm by a convicted felon. Mr. Arce was sentenced to life in prison without the possibility of parole, and appealed, arguing that the gang enhancement law was “unconstitutionally vague” and that it could allow law enforcement to prosecute innocent activity.

In its opinion, the First District California Court of Appeals ruled that a sentence of life without parole was not a violation of the constitution. The court found that it is difficult to picture a situation where a person committed a murder for an innocent gang purpose, and that the statute properly defines what it means to further the purpose of a gang.

A gang enhancement can result in a significantly longer sentence than you may otherwise receive for a felony conviction in California. For this reason, it is vital to hire a criminal attorney in San Bernardino, CA who can defend you against both the underlying criminal charge as well as the finding of special circumstances (that the crime was committed for a gang).

The Chambers Law Firm represents Californians who have been charged with a range of crimes, including those involving gang activity. To learn more or to schedule a free initial consultation, reach out today at 714-760-4088 or dchambers@clfca.com.

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