If you have been arrested for Participation in a Gang 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. Participation in a Gang is essentially participating in a street gang and assisting in any felony criminal conduct by the gang's members. If you have been charged with Participation in a Gang in Orange County, please contact our firm to schedule a free consultation regarding the arrest, charges and allegations. “Participation in a Gang” 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 Participation in a Gang 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.

Participation In A Gang Penal Code 186.22

The Law for Participation in a Gang is set out in California Penal Code Section 186.22(a). In order for the Orange County District Attorney’s Office to prove that a defendant is guilty of Participation in a Gang, the Prosecutor must prove that the following:

1. You "actively participated" in a criminal street gang;
2. You knew that the gang's members engaged in a pattern of criminal gang activity; AND
3. You willfully assisted, furthered, or promoted felonious criminal conduct by gang members.

The Participation in a Gang 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 Participation in a Gang. 

Reducing A Participation In A Gang Charge To A Lesser Crime

Circumstances may allow the Prosecutor to charge you with Felony Participation in a Gang, rather than Misdemeanor Participation in a Gang. These circumstances include that the Participation in a Gang was aggravated in some way such as the use of a weapon or great bodily injuries. Our Participation in a Gang lawyers in Orange County aggressively challenge any allegations of great bodily injury. California’s great bodily injury enhancement imposes a three to six-year prison sentence in addition to the penalty for Participation in a Gang conviction. If we can show that the injuries are not as severe as alleged, then we may be able to keep you out of state prison.

Will I Go To Jail?

Possibilities & Penalties For Participation in a Gang in Orange County

Participation in a Gang is generally a wobbler, meaning that it can usually be charged as a misdemeanor or felony. Misdemeanor Participation in a Gang is punishable by up to one year in county jail and a $1,000 fine. Felony Participation in a Gang may result in a sentence ranging up to four years in state prison and a $10,000 fine. California’s great bodily injury enhancement imposes a three to six-year prison sentence in addition to the penalty for Participation in a Gang conviction. Enhancements to Participation in a Gang Penalties that Could Require Longer Prison Terms

1. Great bodily injury inflicted in the commission of the crime.
2. Using a Gun to commit the offense.

As detailed below, your case may be reduced to a lower crime, or your case may be dismissed.

Legal Defenses To Participation in a Gang 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 Participation in a Gang charge dismissed. There are several defenses to Participation in a Gang in Orange County, however the applicability of those defenses depends on the facts of your case.

1. For if you are not an "active participant" in a gang;
2. Another defense is lack of willful intent. If you did not know that the gang's members engaged in a pattern of criminal gang activity no violation of PC 186.22(a).

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. For instance, we may be able to show that the you were not an active participant of a gang. Also, if you have been charged with multiple counts of Participation in a Gang, we may be able to get all of your charges consolidated into one charge, with one penalty.

How Can Participation in a Gang Charges iBe 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. Our skilled attorneys may be able to get your Participation in a Gang charge reduced, and a Felony Participation in a Gang penalty reduced to a Misdemeanor Participation in a Gang charge.

What Happens If I Have a Prior Conviction?

If you have prior convictions for Participation in a Gang, then you may face increased penalties in your current case. The Atias Law Firm 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 Group today to see if your prior convictions may impact your current charge.

What Should I do about a Participation in a Gang 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.