California Gang Affiliation Enhancement

Locate a Local Criminal Lawyer

Find Lawyers in Other Categories
Most Common Defense and Criminal Law Issues

What is Considered a Criminal Street Gang in a California?

A criminal street gang is an ongoing organization with:

Do I Have to be a Gang Member to be Convicted of Gang Affiliation? 

No, a defendant only has to be accused of taking part in gang activity. This can range from willfully helping a gang member to committing a crime for the gang. California has specific crimes associated with gangs such as robbery, murder, and kidnapping

What Happens If I Am Convicted of Gang Affiliation?

In California, a gang affiliation charge is considered a wobbler, meaning a defendant can face a criminal sentence as a misdemeanor or felony. A misdemeanor conviction is punishable by up to a year in jail and a fine of up to $1,000. A felony conviction is punishable by 16 months to 4 years in prison, as well as a fine of up to $10,000. However, the defendant may be eligible for a harsher sentence under the gang affiliation enhancement. 

What is Gang Affiliation Enhancement?

According to the STEP Act (“California Street Terrorism Enforcement and Prevention Act”), a defendant can receive an additional sentence if they are affiliated with a gang or helped one. If a prosecution can prove a defendant associated with a gang member and was found guilty of a felony, they can receive a harsher sentence. 

What Does a Prosecutor Have to Prove Regarding Gang Affiliation Enhancement?

A prosecutor must prove three things:

What Time Will I Face According to the Gang Affiliation Enhancement?

Overall, punishments for gang affiliation enhancement various on the circumstances, the defendant’s history, and any other mitigating factors. But in general, a defendant will receive the sentence associated with the crime: 

Should I Contact a Criminal Lawyer?

Yes, contact a criminal lawyer to understand more about how to fight this gang affiliation charge.

Consult a Lawyer - Present Your Case Now!
Last Modified: 08-22-2016 02:07 PM PDT

Find the Right Lawyer Now

Link to this page

Law Library Disclaimer

LegalMatch Service Mark