Fairfield Gang Crimes Attorney
24 Years of Professional Experience to Handle Your California Gang Crime Defense
At the Law Office of Tim A. Pori, we have been defending clients in the federal and state criminal justice system for 24 years. Attorney Tim A. Pori is a certified Criminal Law Specialist and has specific experience in California gang crime defense. He is a passionate trial attorney with a strong reputation among the legal community. He is a straightforward and efficient attorney who will fight for your case, whatever it takes. He won’t let the legal system take advantage of you without a proper fight for your rights.
Schedule a free initial consultation with the Law Office of Tim A. Pori online or at (707) 289-9837 to strategize your legal defense today.
It is illegal to participate in a gang or gang activity while furthering a felony or carrying out a crime for the benefit of the gang. More specifically, the following 2 statutes govern gang-related offenses in the state:
- California Penal Code 186.22a – criminalizes participation in a gang and promoting a felony;
- California Penal Code 186.22b – provides certain sentence enhancements that can impose additional penalties like mandatory prison time for gang-related activity.
Some common examples of gang crimes in California include several gang members committing assault with a deadly weapon or a non-gang member committing a robbery or act of money laundering to benefit a member of the gang.
To secure a conviction for participation in a street gang under Penal Code 186.22a, the prosecutor must be able to prove the following:
- the defendant actively participated in a criminal street gang;
- the defendant knew that the gang’s members engaged in a pattern of gang crimes; and
- the defendant willfully assisted, furthered, or promoted felony criminal conduct by gang members.
Note that a “criminal street gang” refers to any group of 3 or more people that:
- has a common name or identifying sign or symbol;
- has as one of its primary activities the commission of a California criminal offense; and
- is engaged in a pattern of criminal gang activity, either alone or together.
A judge will impose the gang enhancement under Penal Code 186.22b if the defendant committed or attempted the crime for the benefit of or in association with the gang and they did so to promote the criminal gang-related conduct. However, the prosecutor must successfully prove all the elements of the defendant’s underlying crime for this enhancement to apply.
A violation of Penal Code 186.22a is a wobbler, which means the offense can be charged either as a misdemeanor or a felony. Generally, as a misdemeanor the crime will be punishable by up to 1 year in county jail and/or up to $1,000 in fines. As a felony, the offense could result in up to 3 years in state prison and/or $10,000 in fines.
Penal Code 186.22b, or the “street gang sentencing enhancement,” can order an additional 3 years to life in state prison. The specific sentence will depend on the facts of the case. For instance, serious felonies may warrant an additional 5 years; violent felonies could result in an additional 10 years; and specific felonies like home invasion robberies could lead to an additional 15 years to life in prison. Be aware that this prison time will be served in addition and consecutive to the penalty the defendant receives for the underlying crime.
If you have been charged for gang-related activity in California, contact the Law Office of Tim A. Pori for legal counsel. Attorney Tim A. Pori is a passionate trial lawyer who has significant experience handling some of the most complex cases at the federal level, and he is especially well-versed in defending California residents against criminal gang charges. Few other attorneys are as experienced with gang crime litigation as Attorney Pori is, and he has the reputation to prove it.
Schedule a free initial consultation with the Law Office of Tim A. Pori online or at (707) 289-9837 to get started on your defense today.
- A Great Trial Lawyer that Loves a Good Fight
- Well-Known & Respected by Judges & Peers
- Tim is a Certified Criminal Law Specialist by the State Bar of CA
- Over 23 Years of Legal Experience