Is it Illegal To Be a Gang Member in California?
Being a street gang member in California can have severe legal consequences. California has laws that make it illegal to be an active participant in a gang, even if you do not personally commit any of the gang’s crimes. Merely participating in gang activity or publicizing and celebrating your gang’s conduct can land you in serious hot water. When law enforcement is focusing on cracking down on organized crime, you can end up serving prison time just for being part of a gang.
How Does California Define “Gang Member”?
To convict you of the crime of participation in a street gang, a California prosecutor must prove that you:
- Were an active participant in a criminal street gang;
- Were aware that the street gang had a pattern of committing crimes; and,
- At some point, you willfully helped, promoted, or assisted some felonious criminal conduct by gang members.
Notice that you do not have to commit a separate crime yourself to be charged as a gang member. Instead, if you actively “promote” the criminal conduct of your gang, you can place yourself in danger of criminal prosecution.
Additionally, you do not need to be a leader or vocal member of the gang to end up in trouble. Because the law criminalizes participation, even people who are not full members of the gang can be charged.
What Is Considered a Criminal Street Gang?
While the term “gang” can refer to organized criminal groups with distinct indoctrinations, rules, and members, California law defines gangs more broadly.
In California, a criminal street gang can be made up of a minimum of three people. Though the large, multi-city gangs also fall under the law, if you and a few friends meet the other criteria for being a criminal street gang, you only need three members to run afoul of the law.
In addition to at least three people, a gang must make criminal activity one of its primary purposes. So, if a group’s main purpose is to promote a neighborhood, but it also participates in consistent illegal activity, it can be considered a street gang.
Finally, to be considered a criminal street gang in California, the group’s members must participate in illegal activity either individually or as a group. Even if members commit crimes independently, the state may still define the whole group as a gang.
Punishment for the Crime of Participating in a Gang
If you are charged with being a member of a criminal street gang, you will face either misdemeanor or felony penalties. California prosecutors can choose to charge at either level based on your criminal history and the facts of the case.
A misdemeanor participation in a gang charge carries a maximum sentence of one year in county jail and a $1,000 fine. However, if you are charged with a felony, you face stiffer penalties. The maximum punishment for felonious participation in a gang includes three years in state prison and a $10,000 fine.
It’s important to keep in mind that participation in a street gang if often only one of the charges you will face if you’re arrested for gang activity. Though you may also be charged with additional crimes based on the allegations against you, this section only references the penalties available for active participation in a street gang. You may face additional punishment if you are convicted of additional crimes.
Are you facing allegations of being a gang member in Westminster, California? Chambers Law Firm has an experienced legal team ready to help you fight any charges. Contact us today at 714-760-4088 or dchambers@clfca.com to set up a free consultation.
