San Bernardino Gang-Related Violence Attorney

 Defending Californians who have been charged with gang-related violence in San Bernardino.

Los Angeles is known as the “gang capital of the nation.” According to the Los Angeles Police Department, there are over 450 active gangs in Los Angeles and over 45,000 members. Some have been active for more than 50 years. Although gang membership is increasing, crime has decreased.

With such a high number of gang members in the Los Angeles area, law enforcement is quick to jump on those who they believe to be affiliated with a gang. But, just because you are charged with a gang enhancement does not mean that you will be convicted of it. Our San Bernardino criminal defense attorneys know how to address these cases and get our clients favorable outcomes.

California’s Gang Sentencing Enhancement Law

The California street gang sentencing enhancement law has two parts.

• Penal Code 186.22(a) makes it a crime to participate in a street gang and assist in felony crimes with gang members. The penalties for participating in a gang can include one year in county jail or a felony sentence of sixteen months, two years or three years in state prison.
• Penal Code 186.22(b) is the gang sentencing enhancement. Anyone who commits a felony for the benefit of the gang will receive a mandatory prison sentence. This could mean an additional two to fifteen years in prison or more. People who are not part of the gang or mostly not responsible for the crime can still receive the enhancement.

If it appears that San Bernardino’s street gang sentencing enhancement law is strict, you’re not mistaken. Due to the widespread gangs in Los Angeles that easily spill over into nearby cities, including San Bernardino, Penal Code 186.22 was adopted as part of California’s Street Terrorism Enforcement and Prevention Act (S.T.E.P.). STEP  imposes harsher consequences to crime related to gangs and gang activity.

Those in Gangs Often Get Harsher Punishments

To be guilty of PC 186.22(a), the prosecutor must prove that you were a willing participant in a criminal street gang at the time of the crime. They must establish that:

• You actively participated in a criminal street gang
• When you participated in this gang, you knew that the members of the gang engaged in criminal activity
• You willfully assisted and promoted criminal conduct by committing a felony with the gang members or aiding in a felony

To receive the gang sentencing enhancement under PC 186.22(b), the prosecutor must prove that:

• You committed the crime for the benefit of a criminal street gang
• You intended to assist, further or promote criminal conduct by a gang

As you can see, those who are affiliated with criminal street gangs are more likely to get harsher punishments than if they had no gang ties. This is why it’s important to work with a team of experienced criminal defense attorneys in San Bernardino who can dispel the rumors and get you a fair outcome.

Legal Defenses for Gang Related Violence

A good San Bernardino criminal defense lawyer will help you determine the best legal defense for your case. Some of the most common legal defenses for gang related violence charges are:

• You are being falsely accused. You can use this defense if you are being falsely accused of being in a street gang by law enforcement or other defendants. Sometimes, the accusations are purely misinformation. Other times, the accusations are done for revenge purposes.
• You did not commit the felony. If you are innocent and did not commit the felony, you are not guilty of PC 186.22(b). However, you can still be charged with being in a gang and receive time in county jail or a state prison.
• You are not an active participant in the gang. PC 186.22 makes it a crime to be an active participant in a street gang. If you are no longer active in a gang, you can use this as your legal defense. However, you can still be found guilty of the underlying crime and receive the criminal gang sentencing enhancement.
• You weren’t acting for the benefit of the gang. As a citizen, you face consequences for all crimes committed. However, if you did not commit the crime for the benefit of the gang, you cannot be charged with the criminal gang sentencing enhancement.

Penalties for Gang Related Violence in San Bernardino

Participating in a gang is a wobbler crime in San Bernardino, which means it can be charged as a felony or misdemeanor. If you are convicted of a misdemeanor, your punishment will include up to one year in county jail and/or a fine up to $1,000. If you are convicted of a felony, you may receive up to sixteen months, two years or three years in a state prison and/or a fine up to $10,000.

Penal Code 186.22(b) is the actual California criminal gang sentencing enhancement. Under the S.T.E.P. Act, if you are convicted of a crime, you will receive an enhanced sentence if the prosecutor can show that you are guilty of committing the crime for the benefit of the gang. You must also be found guilty of the underlying crime.

It’s important to point out that you can receive a street gang sentencing enhancement even if you are not actively participating in the gang. If you committed a crime to benefit the gang, you can still be charged and convicted.

Schedule a Consultation

 Gang related violence cases are complex because there are many elements involved. To ensure the best outcome for your case, contact the best criminal defense attorney in San Bernardino. We will review your case and determine the best legal defense, as well as how to approach your case. We can advocate on your behalf, reduce your sentence or negotiate a good plea deal. Contact us today to schedule your consultation.