Gang Enhancement (CA Penal Code 186.22(b)
What is a Gang Enhancement?
A gang enhancement is an additional punishment to an initial felony imposed on a person who commits the initial crime for the benefit of or in association with a criminal street gang. Gang Enhancement is a punishment that compounds on top of whatever punishment is imposed for the initial crime. LA Criminal Defense and Gang Attorney, Bill Kroger, is an expert on gang enhancement and how it impacts various felonies via the Street Terrorism Enforcement and Prevention Act–– drug crimes in particular.
What is a Criminal Street Gang?
- Ongoing organization
- Group of 3 or more persons
- Informal or formal
- Having a common name or common symbol
- Whose members individually or together engage in Criminal Activity.
What crimes are the Elements of Gang Enhancement?
Anyone who willfully:
- Promotes any felonious criminal conduct by members of a gang.
- Furthers any felonious criminal conduct by members of a gang.
- Assists any felonious criminal conduct by members of a gang.
The Felony must be committed:
- For the benefit of a criminal street gang.
- At the direction of a criminal street gang.
- In association of a criminal street gang.
The felon will be punished in addition to the punishment of the initial felony.
What crimes are eligible for Gang Enhancement?
- Gun possession
- Oral Copulation
- Attempted Murder
- Criminal Threats
What are the penalties?
Gang Enhancement is punished as a wobbler.
A Wobbler offense is one that can be charged as either a Misdemeanor (carrying a punishment of less than one year of county jail time) or a Felony (Over a year in state prison). The prosecutor of your case will decide how you are charged…
Punishments can include:
- Imprisonment in the county jail for a period not exceeding one year
- OR Imprisonment in the state Prison for a period of 16 months, 2, or three years.
For Violent Felonies
- A term of 10 years in State Prison
For Serious Felonies
- A term of 5 years in State Prison
- A term of 15 years in State Prison
Legal Defense Strategies: How we can help
- Gang Injunctions are placed on suspected gang members to prevent them from going out at night, being in certain places or saying and wearing specific things.
- Even individuals who are actually in gangs, deserve the due process rights that are provided by the constitution.
- Nobody should be placed on a gang “list” without an opportunity to defend themselves.
- The city of Los Angeles has a history of serving thousands of people with unlawful gang injunctions.
- We can fight these injunctions to disassociate you from the gang you may not be part of and prevent you from receiving a gang enhancement.
William S. Kroger is a smart, knowledgeable and experienced criminal defense attorney. He represents clients who have been charged with both physical and online drug crimes and the gang enhancements that often come with.
William S. Kroger and his team of experienced criminal defense attorneys understand that if you are facing a criminal charge related to any gang association, it can deeply disrupt your life. William S. Kroger is committed to your defense. His proven track record of exceptional criminal defense is your best option to defend yourself. Contact William S. Kroger Attorney at Law today at (323) 655-5700 to discuss your case. The sooner you retain legal counsel, the sooner he and his legal team can begin work on your case.