If charged with a crime while participating in or promoting a street gang a sentence engage known as Gang Enhancement may be applied. A gang is 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 any criminal conduct.
What does the prosecutor have to prove?
1. Defendant actively participated in a criminal street gang.
2. Defendant had knowledge that its members engage in or have engaged in a pattern of criminal gang activity.
3. Defendant willfully promoted, furthered or assisted in felonious criminal conduct by members of that gang.
With probation 0-364 days
Misdemeanor: 180-364 days