WHAT IS GANG ENHANCEMENT?
Gang enhancement is a felony committed for the benefit of, at the direction of, or in association with any criminal street gang. There must be a specific intent to promote or assist any criminal act conducted by gang members.
WHAT IS CONSIDERED GANG ENHANCEMENT?
Gang participation and gang-related crime are taken very seriously in San Diego. State law defines gang participation as “active and knowing participation in a criminal street gang.” The prosecution in a gang-related case will need to prove three key factors to get a conviction. These include:
- That you actively participated in a gang,
- That you knew its members engage in criminal gang activity,
- That you willfully promoted, furthered, or assisted in any felonious conduct by members of the gang.
Photo Credit: ICEgov on Twitter
CONSEQUENCES OF GANG ENHANCEMENT?
California takes gang activity very seriously and actively seeks to punish those associated with a gang. In fact, if you get charged with a felony, and you are found to have done so for the benefit of a gang, you could be facing California’s strict gang enhancement laws. It means that you could receive additional prison time of up to life in prison depending on the severity of the offense.
If you are found guilty, you could face up to three years in prison not including any additional gang enhancement penalties. Different types of felonies carry various forms of gang enhancement penalties. For instance, if you are found guilty of a generic felony, you could face an additional 1-4 years in prison on top of the regular sentence. If you are found guilty of a specific felony, you could face a minimum of 15 years-to-life in state prison.
WHAT CAN BE DONE?
This is not a charge you can face alone. Call or visit the criminal defense attorneys at the Law Offices of Bradley R. Corbett. Our San Diego lawyers will work to provide the best outcome possible. Call or visit us today to learn how our San Diego criminal defense attorneys can help defend your gang enhancement case.