Gang Crime/ Gang Allegation-
Participation in a criminal street gang is defined in Penal Code section 186.22. This crime is usually charged as an underling offense or as an enhancement to a charged felony.
1. The crime of active participation in a criminal street gang is committed when a person is actively participating in a criminal street gang and the person knew that members of the gang engaged in or have engaged in a pattern of criminal gang activity and the person willfully assisted, furthered, or promoted felonious criminal conduct by members of the gang either by directly and actively committing a felony offense or aiding and abetting a felony offense. Active participation in a criminal street gang means involvement with a criminal street gang in a way that is more than passive or in name only, and the person does not have to devote all or a substantial part of time or efforts to the gang and the person does not have to be an actual gang member.
This crime can be a felony or a misdemeanor.
2. The enhancement of a felony committed for the benefit of a criminal street gang is committed when a person committed or attempted to commit the felony and the person committed the felony for the benefit of, at the direction of, or in association with a criminal street gang and the person intended to assist, further, or promote criminal conduct by gang members.
This enhancement can significantly increase a person’s punishment.
The Law Offices of Joseph P. Smith has represented many clients accused of being gang members or gang associates from such criminal street gangs as PENI, Little Rascals, AVLS, and many other criminal street gangs though out Orange County and Southern California. So if you or someone you know is being investigated for, arrested for, or charged with any criminal street gang crimes, let the experienced Law Offices of Joseph P. Smith provide you or someone you know with the powerful, discreet and aggressive defense and representation you or someone you know will need in order to achieve the best outcome possible.