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Participation In A Gang Lawyer Orange County
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 186.22The 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:
- You "actively participated" in a criminal street gang;
- You knew that the gang's members engaged in a pattern of criminal gang activity; AND
- You willfully assisted, furthered, or promoted felonious criminal conduct by gang members.
Reducing A Participation In A Gang Charge To A Lesser CrimeCircumstances 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 CountyParticipation 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
- Great bodily injury inflicted in the commission of the crime.
- Using a Gun to commit the offense.
Legal Defenses To Participation in a Gang in Orange CountyThe 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.
- For if you are not an "active participant" in a gang;
- 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).