Description

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.

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 180-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?Yes
Is this charge a strike?Yes
Is this charge a “serious felony”Yes
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?No
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?No
Is this charge considered a “aggravated felony” for immigration purposes?May
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No