California Gang Participation and Promotion of a Felony Lawyers
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Is Gang Affilifation a Crime in California?
In California, its a crime to actively participate in a gang in two specific ways. First, is if the defendant has the knowledge its members engaged in a series of criminal activity. The second is if the defendant willfully assisted, promoted, or furthered felonious crimes by gang members.
How Is “Active Participation” Defined Under State Law?
To activity participate in a gang means to take part in the crimes gang members commit.
Are There Specific Crimes Associated with Gang Violence and Active Affiliation?
Yes. California has a long list of crimes associated with gang violence including:
- Grand theft
- Drive by shootings
- Drug trafficking
- Intimidating a witness or victim
How Can the State Charge Me with a Gang Affiliation Crime When I’m not in a Gang?
It doesn’t matter if the defendant is a gang member. The defendant can be charged if they are an associate or willfully help, also known as aiding and abetting, a gang member commit a crime.
What is the Punishment for a Gang Affiliation Conviction?
The criminal sentence for gang affiliation is a wobbler, so it depends on whether it was charged as a misdemeanor or a felony. If charged with misdemeanor gang affiliation, the defendant can face up to 364 days in jail and a fine of up to $1,000.
What is the Punishment for a Gang Promotion Conviction?
A defendant convicted for committing a felony for the benefit of a gang will receive a mandatory prison sentence, as well as a punishment for the felony they committed. It could mean an additional 2 to 15 years, or possibly 25 years to life depending on the underlying felony.
Should I Contact a Lawyer?
Contact a criminal lawyer about fighting your gang affiliation charge.
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Last Modified: 08-22-2016 02:05 PM PDT
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