Experienced Ventura Criminal Defense Lawyer
California has been associated with prevalent crime and gang activity for decades now. As a response, law makers have passed a number of different statutes to help curtail gang activity. Unfortunately, many of these laws are old and have far too inclusive definitions. Criminal defendants in California often find themselves facing assertions that they should be punished more harshly due to gang associations. This is offender profiling and it doesn't have a place in a fair justice system.
At Wilfert Law, P.C., we have faced countless criminal cases in which the prosecution has tried to unfairly invoke gang laws to incriminate the accused and grab headlines. Unfortunately for them, our team's unparalleled experience as former law enforcement has given our clients the edge they need to dispel these charges. Our own lead investigator, Frank Brisslinger has extensive task force experience dealing with gangs in California.
Don't let prosecution trump up your charges with the misuse of California's gang statutes. Get the insightful and aggressive defense you need by contacting our offices today.
Gang Participation & "Enhancements"
California's Penal Code 186.22 outlines two ways the state can specifically address gang affiliations when a crime is committed. The first is known as gang participation, which occurs when the prosecution can prove the accused is an active participant in a gang and has participated in felonies.
Gang enhancement is the second part of this statute and has further reaching consequences for the accused. Under gang enhancement, any person found aiding criminal gang activity can receive additional penalties to the original charge. Gang enhancement charges can even be applied to individuals who are not targeted as the primary offenders of the crime.
Examples of gang enhancement sentences include:
- Extortion or aiding a gang can result in an additional seven years in prison.
- Home invasion and robbery can result in an additional 15 years in prison.
- All violent felonies can receive an additional 10 years in prison.
Build your defense by contacting us today!
Penal Code 186.22 has been a powerful prosecution tool for California prosecutor's, but has also been abused in cases in which profiling has been used to obtain harsher convictions. At Wilfert Law, PC, we know how California gangs are tracked and identified and how they're frequently mischaracterized in court. We can use this insight to help defend your name and your reputation.