While movies and music might glamorize the gang lifestyle, the reality on the streets of San Bernardino is far different. Gangs clash over status, territory and power, making crime and violence second nature. Apart from the threat of rival gangs, there is the added risk of coming face-to-face with state law enforcement officers and sentence enhancements.
California’s sentence enhancements can lead to heavier penalties
Anti-gang laws in California are so stringent that it imposes sentence enhancements for anyone caught:
- Actively participating in a gang
- Carrying out a crime for the benefit of a gang
In other words, association with a gang or helping them commit a crime may result in additional prison sentences.
An “active participant” is an individual who is aware that the gang or its members engage in crimes and willingly assists in those activities. Depending on the circumstances, this individual may face a misdemeanor charge, punishable by up to one year in jail, or a felony charge, which could result in a three-year prison sentence.
Meanwhile, those who attempt or commit crimes while following gang orders or for its benefit face felony charges. On top of the penalties for the crime itself, they could be subject to an additional two to four years in prison. It is crucial to note that even individuals who are not members of the gang may be subject to such charges.
California courts also have the authority to impose life imprisonment for specific gang-related crimes, such as:
- Home invasion robbery
- Carjacking
- Shooting an occupied structure or vehicle
- Causing death or inflicting serious injury by firing a gun from a vehicle
- Extortion
- Attempting to intimidate a witness from testifying by force or the threat of force
In a state boasting the strictest anti-gang laws in the country, anyone accused of gang-related violations should consider securing legal support.
The crucial need for a strong defense
California’s unrelenting approach to tackling gang-related activities often results in brutal criminal proceedings, regardless of the level of involvement. Poor planning and mistakes can have drastic, life-changing consequences when the stakes are this high.
Securing an attorney with experience from both the prosecution and defense side of the courtroom may be crucial in building a solid defense.