In Los Angeles, people are sometimes falsely accused of being gang members because of their ethnic or racial background, where they live, or the friends they associate with.
These false allegations can be successfully contested. If you or someone you know is accused of a gang crime, or being a gang member, consult with an experienced gang defense attorney to learn about your rights, defenses, and any and all legal options. Gang Enhancement A Gang Enhancement is an additional prison sentence that is added to the underlying felony committed for the benefit of, at the discretion of, or in association with any criminal street gang, provided the person had the specific intent to promote, further, or assist in any criminal conduct by gang members.
Examples of serious felonies include: Negligent discharge of a firearm — Penal Code section K Burglary, as defined in Section L Rape, as defined in Section M Money laundering, as defined in Section N Kidnapping, as defined in Section O Mayhem, as defined in Section P Aggravated mayhem, as defined in Section Q Torture, as defined in Section R Felony extortion, as defined in Sections and S Carjacking, as defined in Section T The sale, delivery, or transfer of a firearm, as defined in Section until January 1, , and, on or after that date, Article 1 commencing with Section of Chapter 4 of Division 6 of Title 4 of Part 6.
U Possession of a pistol, revolver, or other firearm capable of being concealed upon the person in violation of paragraph 1 of subdivision a of Section until January 1, , and, on or after that date, Section V Threats to commit crimes resulting in death or great bodily injury, as defined in Section W Theft and unlawful taking or driving of a vehicle, as defined in Section of the Vehicle Code.
X Prohibited possession of a firearm in violation of Section until January 1, , and on or after that date, Chapter 2 commencing with Section of Division 9 of Title 4 of Part 6. Y Carrying a concealed firearm in violation of Section until January 1, , and, on or after that date, Section Z Carrying a loaded firearm in violation of Section until January 1, , and, on or after that date, Section Examples of a common benefit that are more than reputational may include, but are not limited to, financial gain or motivation, retaliation, targeting a perceived or actual gang rival, or intimidation or silencing of a potential current or previous witness or informant.
Active participation in the criminal street gang is all that is required. The court shall state the reasons for its choice of sentencing enhancements on the record at the time of the sentencing.
X Prohibited possession of a firearm in violation of Section until January 1, , and, on or after that date, Chapter 2 commencing with Section of Division 9 of Title 4 of Part 6. Allegations that the underlying offense was committed for the benefit of, at the direction of, or in association with, a criminal street gang and that the underlying offense was committed with the specific intent to promote, further, or assist in criminal conduct by gang members shall be proved by direct or circumstantial evidence.
This charge may be tried in the same proceeding with an allegation of an enhancement under subdivision b or d of Section An experienced defense attorney can help raise these defenses and prevent enhancements from occurring in cases where they should not apply. For example, Penal Code Sentencing enhancements also depend on the severity of the crime. Violent felonies, for example, may result in an additional year or longer sentence to be served after the sentence for the initial crime.
Finally, gang enhancements may be pursued in concert with additional sentencing enhancements such as using a gun to commit certain felonies. Contact us today to learn more about how an experienced defense team can vigorously protect your rights. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation.
This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.
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