Take Advantage of Criminal Defense Tips When Charged with a Gang Crime

Dec 24, 2014

Under California Penal Code 186.22, any person who commits a crime while involved with a known street gang, motorcycle gang, or neighborhood gang may be sentenced to an additional one to three years in jail. The legal name for this sentencing is gang enhancements. If a prosecutor presents evidence of your gang involvement, it is also considered one strike under California's Three Strike Law. Fortunately, the loose interpretation of what constitutes a gang means that Mitchell Law Group can usually find criminal defense tips for your case.

How Does California Define a Gang?

The state penal code identifies a gang as three or more people who seek identity and continuity of purpose. Either individually or as a group, these people have previously engaged in a predictable pattern of criminal activity. Some of the other criteria the state uses when considering gang enhancements include:

  • You join a group with the knowledge that its main purpose is to commit crime. Even if you do not belong to a gang, you can face legal consequences for helping to promote it.
  • Witnesses confirm that they regularly see you associating with known gang members.
  • You have the gang's name tattooed on your body or you wear clothing or jewelry associated with the gang.
  • You are photographed in close proximity to known gang members.
  • You receive written or electronic communication from someone who is in a gang.
  • You are observed flashing a gang symbol.

Defending You Against Trumped Up Charges

Just because you flash a gang symbol or someone takes your picture standing in the same space as a gang member does not mean that you are in a gang yourself. At Mitchell Law Group, we recognize that some of the ways of determining gang involvement don't stand up to legal scrutiny. We aggressively challenge this claim by insisting that prosecutors show real, tangible evidence that you actually committed a crime as a gang member. Please contact us as soon as possible to discuss additional defense strategies.



Michael Mitchell

Michael Mitchell is a Fresno attorney who practices in the areas of DUI, personal injury & criminal law. Visit his Google+ profile.


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334 W. Shaw Avenue, Suite A Fresno, CA 93704
Phone: 559-222-2424

Fresno Criminal and DUI Attorney
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.  Testimonials displayed on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter

Michael E. Mitchell, at the Mitchell Law Group, Inc., is one of the top DUI defense attorneys in Fresno, California. He has over a decade of experience handling DUI cases throughout the Central Valley, including in Clovis, Madera, Tulare, Visalia. He is a certified field sobriety instructor and practitioner under the standards of the National Highway Traffic Safety Administration (NHTSA) and is a member of the California DUI Lawyers Association. His advice and knowledge is, routinely, sought after by other attorneys practicing in the area of DUI defense. He is an expert in the area of DUI defense in both Federal, State, and on the Appellate level. If your looking for the best DUI Lawyer in Fresno to handle your case, give us a call today to see how we can put our knowledge to work for you.