Was that a gang enhancement sentence??
California's Gang Sentencing Enhancement Law
Penal Code 186.22 PC
Explained by Criminal Defense Lawyers
Penal Code 186.22 PC is part of the "California Street Terrorism Enforcement and Prevention Act" – more commonly referred to as the California "STEP Act" . . . or as California's street gang enhancement law.
The California street gang sentencing enhancement law actually has two main parts (only one of which is an actual sentence enhancement). These are:
1. Penal Code 186.22(a) PC, the crime of participation in a gang
This part of the law makes it a crime to participate in a street gang and assist in any felony criminal conduct by the gang's members.
The penalties for participation in a gang, in violation of Penal Code 186.22(a) PC, can include one (1) year in county jail . . . or a felony sentence of sixteen (16) months, two (2) years or three (3) years in state prison.1
2. Penal Code 186.22(b) PC, the gang sentencing enhancement.
This part of the law provides that anyone who commits a felony for the benefit of a gang will receive a mandatory prison sentence . . . in addition and consecutive to the penalty s/he receives for the underlying felony.2
Depending on the circumstances of the offense, Penal Code 186.22(b) PC could mean an additional two (2) to fifteen (15) years, or even twenty-five (25)-years-to-life, in prison...even if you're not a gang member, and even if you aren't the individual who was most directly responsible for committing the underlying felony!3
So, as you can see, California law, through the STEP Act, punishes gang members...and those who associate with gang members...much more harshly than people who have no gang ties.
Examples
Here are some examples of situations in which the California street gang sentencing enhancement law might apply:
Charles is a member of a street gang that engages in drug trafficking. He is arrested and charged with possession of a controlled substance for sale. And he is also charged with Penal Code 186.22(a) PC . . . the California crime of participation in a gang . . . which increases his total potential sentence.
Nicole is not a gang member, but her boyfriend Raul is. One day she helps Raul threaten someone who owes money to the gang...thus committing the California crime of extortion. Because she acted for the benefit of a gang...even though she is not a gang member...Nicole may face an additional sentence of up to ten (10) years on top of her sentence for committing extortion.4
http://www.shouselaw.com/street-gang.html
California Penal Code Section 186.22
186.22. (a)
Any person who actively participates in any criminal
street gang with knowledge that its members engage in or have engaged
in a pattern of criminal gang activity, and who willfully promotes,
furthers, or assists in any felonious criminal conduct by members of
that gang, shall be punished by imprisonment in a county jail for a
period not to exceed one year, or by imprisonment in the state prison
for 16 months, or two or three years.
(b) (1) Except as provided in paragraphs (4) and (5), any person
who is convicted of a felony committed for the benefit of, at the
direction of, or in association with any criminal street gang, with
the specific intent to promote, further, or assist in any criminal
conduct by gang members, shall, upon conviction of that felony, in
addition and consecutive to the punishment prescribed for the felony
or attempted felony of which he or she has been convicted, be
punished as follows:
(A) Except as provided in subparagraphs (B) and (C), the person
shall be punished by an additional term of two, three, or four years
at the court's discretion.
(B)
If the felony is a serious felony, as defined in subdivision
(c) of Section 1192.7, the person shall be punished by an additional
term of five years.
(C)
If the felony is a violent felony, as defined in subdivision
(c) of Section 667.5, the person shall be punished by an additional
term of 10 years.
(2)
If the underlying felony described in paragraph (1) is
committed on the grounds of, or within 1,000 feet of, a public or
private elementary, vocational, junior high, or high school, during
hours in which the facility is open for classes or school-related
programs or when minors are using the facility, that fact shall be a
circumstance in aggravation of the crime in imposing a term under
paragraph (1).
(3) The court shall select the sentence enhancement which, in the
court's discretion, best serves the interests of justice and shall
state the reasons for its choice on the record at the time of the
sentencing in accordance with the provisions of subdivision (d) of
Section 1170.1.
http://law.onecle.com/california/penal/186.22.html
dudes case seems to fall within that..
Legal defenses
But just because the prosecution charges you with a street gang sentencing enhancement doesn't mean it will stick. A good California criminal defense attorney knows this and may be able to help make sure that it doesn't.
Potentially helpful legal defenses against a Penal Code 186.22 PC charge include:
You didn't commit the underlying felony;
You are not an "active participant" in a gang;
You weren't acting for the benefit of a gang;
The prosecutor is seeking to apply the gang sentencing enhancement in an illegal way; and/or
Imposing the gang sentencing enhancement would go against "the interests of justice."
