Gang Crime Defense Attorney
Participation in a criminal street gang and aiding in any felony committed by gang members is illegal under Section 186.22 of the Penal Code. Violating this section can lead to a maximum penalty of three years in state prison, with this term served consecutively to any other sentence. Additionally, a conviction counts as a “Strike” under California’s Three Strikes Law.
In response to concerns about racial injustice associated with gang enhancements, the California Legislature passed Assembly Bill 333, the STEP Forward Act, in January 2022. This law updates Section 186.22 by refining definitions and raising the standards required for applying gang enhancements. Under AB 333, to apply a gang enhancement, the prosecution must prove that: 1) The crimes show a pattern of criminal gang activity, and 2) The crimes benefited a criminal street gang beyond merely enhancing the gang’s reputation.
AB 333 also changes how evidence is used in court. It no longer allows the charged act itself to serve as proof of a “pattern of criminal gang activity.” Additionally, the law requires proof that the gang benefit is more than just reputational, demanding a tangible connection between the crime and the gang’s activities. Previously, gang enhancements could be applied based merely on an individual’s neighborhood, familial or social connections to gang members.
Furthermore, AB 333 removes felony vandalism and certain fraud violations from being automatically categorized as part of a “pattern of criminal gang activity.” The definition of a “criminal street gang” is now more specific: a group must consist of three or more persons with a common name or identifying symbol, engage primarily in one or more of the defined criminal activities, and collectively exhibit a pattern of criminal gang activity.
Call our expert Criminal Defense Attorneys at 916-903-3914 to request a free consultation at our Sacramento Law Office and take the first step toward protecting your rights.
Gang Crime FAQ
A gang crime conviction counts as a “Strike” under California law. You need to have an experienced attorney defending your rights. It is important to us that you understand everything about your case and know what to expect. We make it a priority to communicate the case details as they unfold and ensure that your questions are answered.
Attorney Caryn Warren provides her clients with valuable legal representation and advocacy to help defend them from gang crime allegations and protect their rights. The specifics of a good defense include:
Conduct a thorough investigation: A criminal defense attorney will investigate the allegations against their client and gather evidence to refute the claims. This may involve interviewing witnesses, reviewing surveillance footage, and obtaining any other relevant evidence.
Challenge the prosecution’s evidence: An attorney can challenge the validity and reliability of the evidence presented by the prosecution. This may involve questioning the credibility of witnesses, challenging the chain of custody of physical evidence, and exposing any inconsistencies or gaps in the prosecution’s case.
Negotiate with the prosecution: An attorney can negotiate with the prosecution to potentially reduce the charges or secure a favorable plea deal for their client. This may involve presenting mitigating factors or proposing alternative resolutions to the case.
Present a strong defense in court: If the case goes to trial, an attorney can present a strong defense on behalf of their client. This may involve calling witnesses, presenting evidence, and making legal arguments to challenge the prosecution’s case.
Advocate for their client’s rights: An attorney can advocate for their client’s rights throughout the legal process, ensuring that their client receives fair treatment and due process under the law. This may involve challenging any violations of their client’s rights and seeking appropriate remedies.
Attorney Caryn Warren is a dedicated legal professional known for her responsiveness, compassion, and assertive advocacy on behalf of her clients. She has worked both as a Defense Attorney and as a Deputy District Attorney. Her experience working at the DA’s office taught Caryn the perspective of the prosecutor, what drives their decisions, and what it takes to prove a case.
First Strike: When a defendant is convicted of a serious or violent felony, it counts as a first strike. The sentence for the current felony can be served as prescribed by law without additional enhancements specific to the Three Strikes law.
Second Strike: If the defendant has one prior serious or violent felony conviction (strike), then any new conviction for any felony (not just serious or violent) will result in the sentence being doubled, and the defendant must serve at least 80% of the sentence.
Third Strike: If the defendant has two or more previous strikes, then a new conviction for any felony can result in a sentence of 25 years to life in prison.
The Three Strikes law has evolved since its original enactment in 1994. Initially, any felony could count as a third strike. However, after Proposition 36 was passed in 2012, the requirements for a third strike were tightened so that the third felony must also be a serious or violent felony, unless exceptions apply (such as certain drug crimes, sex crimes, or where the defendant used a firearm).
Courts and prosecutors have some discretion in applying the Three Strikes law. For instance, a prosecutor might choose not to pursue a strike charge based on the circumstances of the case, or a judge might strike a prior strike from the record under certain conditions, thereby reducing the potential sentence.