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In California, sentences are enhanced and become more serious any time any criminal activity can be proven to be proven to be gang activity as well. It’s important to understand how the law might define gang activity in Los Angeles.

Gang activity is covered by the Street Terrorism Enforcement and Prevention (STEP) Act. It defines a gang as an organization of three or more people with a common name, identifying mark, or symbol that carry out crimes listed in the act as one of its primary activities. The members may engage in this activity either individually or collectively.

Crimes listed by the act include most violent crimes, drug trafficking offenses, arson, grand theft, sexual crimes, extortion, counterfeiting, carjacking, felony vandalism, obtaining fake IDs, credit card theft, looting, and money laundering. 

You do not even have to be a member of a gang to receive this sentence enhancement. The law could classify you as an “associate” of a gang as well. Some prosecutors have even managed to have this sentence enhancement applied simply because the defendant was on friendly terms with some gang members. 

Note that the prosecution must show that your association with gang members occurred reasonably near the time of the crime. 

Even being a member of a street gang is in and of itself a crime if the prosecution can prove that you had knowledge of criminal activity and assisted in or encouraged felonious conduct of any kind.

If you are being accused of gang affiliation, it is absolutely vital that you secure the services of a criminal defense attorney. We may be able to fight the charges with any of the following defenses.

• There is no evidence of gang affiliation.
• You had no specific knowledge of any criminal activity.
• You did not assist or encourage felonious conduct.
• You did not commit any crime yourself. 

We may also be able to Motion for a Bifurcated Trial. This would allow you to have one trial for the alleged felony crime and one trial to determine whether you were affiliated with a gang. This can help prevent bias on the part of a jury who might otherwise be predisposed to prejudice against suspected gang members.

If you are being charged with gang related crimes, don’t talk to the police or admit to anything. Instead, reach out to our office to schedule a case review right away. 

See also:

What is the 10-20-Life Law in California? 

How to Help a Loved One Who Has Been Accused of a Crime in Los Angeles, CA

How Does Parole Work in Los Angeles, CA?