San Bernardino Gang-Related Murder Attorneys

Defending Californians who have been charged with gang-related murder and gang-related crimes in San Bernardino.

If you have been charged with gang-related murder or crimes in San Bernardino, you could be facing serious charges with harsh penalties. At The Law Offices of David S. Chesley, we work closely with our clients to understand the nature of their case and how to reduce the consequences they are facing. Our San Bernardino criminal defense attorneys have over 50 years of courtroom experience and will fight aggressively for your rights.

How San Bernardino Deals with Gang Crimes

San Bernardino is not exempt from gang-related crime. Not only does the California city have its own problem with gangs, but also there is spillover from Los Angeles. That said, many innocent people are wrongfully accused of committing crimes to benefit a gang. Here is what you need to know about California’s gang laws.

California deals with gang activity in the following ways:

• It is a crime to participate in a gang
• If the crime was committed to benefit a gang, it can be charged as a felony (even if it was a misdemeanor)
• All gang-related crimes may carry enhanced prison sentences

Understanding the California STEP Act

Penal Code 186.22 is part of California’s Street Terrorism Enforcement and Prevention Act, or STEP Act. It is also referred to as California’s street gang enhancement law. If you are being charged under PC 186.22, you could be guilty of:

• Participating in a gang (PC 186.22(a)). It is a crime to be part of a street gang and participate in criminal activities. If you are convicted of PC 186.22(a), you could receive up to one year in county jail or a felony sentence of sixteen, two years or three years in state prison.

• Gang sentencing enhancement (PC 186.22(b)). It is illegal to commit a crime for the benefit of a gang. Anyone who is convicted of this will receive a mandatory prison sentence along with the punishments received for committing the felony. If this is added to your sentence, you could receive an additional two to fifteen years in prison or more.

The purpose of the gang enhancement law is to punish people affiliated with gangs more severely than people without these ties. However, even those who are not part of a gang but did something to benefit a gang can be charged this way, even if they were not directly responsible for the crime.

How Gang Ties Can Affect Murder Cases

Murder is a felony crime under Penal Code 187. Prosecutors generally charge gang-related killings under PC 187. If you commited the crime on behalf of the gang, you will also receive the the street gang enhancement. For this to be added to your charges, the murder must have been committed at the direction of the gang, in association with the gang and/or for the benefit of the gang.

If you are found guilty of the murder and the gang enhancement, your penalties will automatically be more severe. Remember, California law intends to punish individuals with gang ties more harshly than those without gang ties. So, you could face the underlying sentence for murder (a minimum of 15 years to life in prison) as well as an additional 15 years to life in prison for acting on behalf of the gang.

Legal Defenses for Gang-Related Murder and Crimes

Being charged with gang-related crime is not an end-all-be-all situation. There are steps that we can take to reduce the charges and get you a more favorable outcome. That said, you must choose a highly qualified team of criminal defense attorneys in San Bernardino who are experienced in this part of the law. These charges can be hard to fight, but our lawyers will not back down. We’ve seen innocent people get charged for things they didn’t do far too often.

Here are some of the legal defenses that we can use on your behalf:

• You did not commit the felony. If you did not commit a felony crime, then you can’t receive a criminal street gang enhancement. Period. If there is insufficient evidence that you committed the crime, we will use this as your legal defense.

• You are not an active participant in a gang. You can’t be convicted of being in a gang if you aren’t actually in one. Assumptions are not enough to convict someone of being in a street gang. The prosecution may try to do this, but we will fight back and prove that you are not an active participant.

• You weren’t acting for the benefit of the gang. Perhaps you did make a mistake, but that doesn’t mean it was for the benefit of the gang. So, if you ended up robbing a gas station to get money for your own personal benefit, you will have to pay time for the robbery, but the gang enhancement will be released.

If you are being accused of gang-related murder or crimes, you do have options. Contact The Law Offices of David S. Chesley and we will be happy to meet with you for a consultation. After reviewing the circumstances of your case, our San Bernardino criminal defense lawyers will determine the best legal defense. These cases can be challenging to fight, though we are often successful in getting charges reduced. Contact us today to meet with our attorneys and learn about your legal rights and options.