These gang enhancements are a serious issue if you're charged with a crime. Some of the gang enhancements carry a ten-year sentence, adding to the punishment for the underlying crime. The potential for consecutive time for the gang enhancement is a stark reality. It's crucial to understand that these enhancements can lead to significant prison time. If you're facing a gang enhancement, it's imperative to seek the assistance of a skilled attorney.

One interesting thing is that people should realize that usually, the gang enhancement is not going to be charged by itself. Typically, what happens is that someone is allegedly committing some sort of crime. Then, the prosecutors are going to add a gang enhancement, which is just an extra allegation related to the crime, which can bring more time. In order to prove a gang enhancement under California Penal Code 186.22, typically, the prosecutors have to prove the “elements of the crime” listed under CALCRIM 1401 Jury Instructions.

First, they must demonstrate that the person is actually a member or associate of the gang—someone who associates with the gang, engages in similar activities, and operates for the benefit of the gang. That's the key. The second major element is that whatever is being done must benefit a gang.

Let's say that somebody beats somebody up on the street, and then they're charged with a gang enhancement. Then the prosecutors are going to argue that the person beat them up because they're a gang member, and either that's a rival gang member, or they're just gang members and beating people up to show their dominance and authority.

But let's say that the police and prosecutors didn't realize that the person who was beaten up had actually hurt the little brother of the person who beat them up, and that's why the bigger brother beat them up, regardless of whether or not he or she's in a gang, they saw the person.

They knew they had beaten their brother up, and they were getting revenge for the beating of their brother. That's not a gang-enhancement-worthy crime. That's a battery. The person didn't do it to benefit a gang. They did it because the other person had beaten their brother up, and they were getting revenge for it. So, that circumstance would be one where a gang allegation really shouldn't be charged. Similarly, if the alleged crime was committed in self-defense or in defense of others, it may not be considered a gang enhancement.

The Benefit of a Criminal Street Gang

I can think of several other examples, but I think you get the idea. Whatever you're doing has to benefit a criminal street gang. Now, a lot of times, the prosecutors are really stretching when this gang enhancement can apply, and of course, defense attorneys are trying to argue the opposite thing.

If you're doing anything to another gang member and you're a gang member, of course, the prosecutors are going to allege a gang enhancement. That doesn't necessarily mean they'll prove it, but they'll definitely allege it because they know it'll bring more time. Often, it counts as a strike for their other crime. It just causes a whole host of problems for the person being charged with it.

What's important to know also is that juries really are going to be more likely to hit somebody with a gang enhancement if the prosecutors can show that they're a gang member. Juries do not take pity on gang members. If it's a close call, they're usually going to give it to the prosecutors, find the gang allegation true, and now the person is facing all kinds of problems, including enhancements, prison time, and injunctions.

So, these gang enhancements are very important to a criminal case because they can bring a lot of problems for the person. If a jury finds a gang allegation true, the defendant could face significantly increased prison time and other penalties, making it crucial to have a skilled defense attorney on their side.

When fighting these cases, it's essential to have a defense attorney with experience in battling gang allegations. This attorney should have a track record of success and the ability to persuade the judge to dismiss the gang enhancement. If not, the case will proceed to a jury trial.

The jury will have to be convinced that the gang enhancement doesn't apply. The person is either not a gang member, not an associate of a gang member, or wasn't trying to benefit the street gang. A skilled defense attorney can make a significant difference in these cases, providing reassurance and support.

So, if you or your loved one is facing a serious crime with a gang allegation, and the prospect of many years in prison, it's crucial to seek an attorney like me. I've navigated these complex cases before, achieved success, and have a deep understanding of gang cases.

I know when the prosecutors can't prove their case and how to challenge them. For instance, we've successfully argued that the alleged gang member was not actually a member, or that the act was not done to benefit the gang, but for personal reasons. These are the kind of strategies a skilled defense attorney can employ to challenge gang enhancements, offering hope and a way forward.