If you have been arrested for Gang Enhancement charges in Orange County, then you are going to have many questions. The team of attorneys at The Atias Law Firm can go over the facts of your case and help you understand the possible outcomes, and possible strategies for successfully getting your case reduced or dismissed. A Gang Enhancement states that anyone who commits a felony for the benefit of a gang will receive a mandatory prison sentence, in addition to the penalty they will receive for the underlying felony. If you have been charged with a Gang Enhancement in Orange County, please contact our firm to schedule a free consultation regarding the arrest, charges and allegations. “Gang Enhancement” as it is commonly known, is unfortunately a charge that can be misconstrued or alleged by the Police under a very wide variety of circumstances and facts that may not truly be a Gang Enhancement as defined by California State Law. The Attorneys at The Atias Law Firm know how to decipher and construe each element of that offense to make sure that zealous police officers and trumped up charges will not ultimately lead to a lengthier prison term or jail sentence than may be required, if any based on a case by case basis and the facts presented. Our attorneys work hard to differentiate the fine details in order to help prove that simply because a police officer may have arrested you for that crime… it may not be the crime actually committed. I cannot stress that point enough, just because you are charged with a certain offense does not mean that is the offense you may have committed. Let’s examine the actual statutory law, the possible reductions to other lesser offenses, the penalties and finally the full on legal defenses.

Gang Enhancement Orange County Penal Code 186.22(b)

The Law for a Gang Enhancement is set out in California Penal Code Section 186.22 (b). In order for the Orange County District Attorney’s Office to add on a Gang Enhancement, the Prosecutor must prove:

1. You committed, or attempted, the crime for the benefit of, at the direction of, or in association with a criminal street gang; and
2. When you committed the crime, you intended to assist, further, or promote criminal conduct by members of the gang.

You also must be convicted of the underlying crime as well, which means the prosecutor must prove all the elements of that crime as well. Moreover, there is no requirement that you be an "active participant" in a gang at the time when you committed the crime to be charged with a Gang Enhancement. The Gang Enhancement laws in Orange County can be confusing to a defendant charged with that crime. Our team of Lawyers in Orange County know the ins and outs of these particular criminal charges and we may be able to help you get your case dismissed or lowered to a lesser offense, .... But not necessarily a Gang Enhancement.

Will I Go To Jail?

Possibilities & Penalties for Gang Enhancement Charge in Orange County

The law provides that anyone who commits a felony for the benefit of a gang will receive a mandatory prison sentence . . . in addition to the penalty they receive for the underlying felony. Depending on the circumstances of the offense, Penal Code 186.22(b) PC could mean an additional two to fifteen years, or even twenty-five-years-to-life, in prison, even if you're not a gang member, and even if you aren't the individual who was most directly responsible for committing the underlying felony! As detailed below, your case may be reduced to a lower crime, or your case may be dismissed.

Legal Defenses to Gang Enhancement in Orange County

The Atias Law Firm’s Defense team of skilled lawyers located in Orange County, CA have over 20 years combined experience, therefore we know the defenses that may help get your Gang Enhancement charge dismissed. There are several defenses to Gang Enhancement in Orange County, however the applicability of those defenses depends on the facts of your case.

1. For You didn't commit the underlying felony;
2. You are not an "active participant" in a gang;
3. You weren't acting for the benefit of a gang;
4. The prosecutor is seeking to apply the gang sentencing enhancement in an illegal way; and/or
5. Imposing the gang sentencing enhancement would go against "the interests of justice."

Additionally, as you can see above, the Prosecutor has a lot to prove. We may be able to show that any number of the requirements of the law aren’t met or that there is insufficient evidence. Also, if you have been charged with multiple counts of Gang Enhancement, we may be able to get all of your charges consolidated into one charge, with one penalty.

How Can Gang Enhancement Charges Be Reduced?

When the prosecution case is strong, sometimes the best tactic is to try to work out a plea deal with the Prosecutor, which can avoid the maximum sentence a Judge may want to sentence a defendant to after a trial. Our attorneys always want to be reasonable with our clients and not mislead or misguide their expectations, while making certain they understand just how long serving a lengthy prison sentence.

What Happens If I Have a Prior Conviction?

If you have prior convictions for Gang Enhancement, then you may face increased penalties in your current case. The Atias Law Firm with years over 20 years combined experience aggressively challenges any prior convictions. For instance, if your prior conviction occurred more than 10 years ago, or if it occurred in another state, then we may be able to get those prior convictions stricken, so that your sentence is not enhanced. If we can successfully strike your prior convictions, then you may only face first time penalties. Call the Atias Law Firm today to see if your prior convictions may impact your current charge.

What Should I do about a Gang Enhancement charge in Orange County?

Just pick up the phone and call. One of our attorneys will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.