Gang murders and gang crime in general have gotten a lot of attention over the years. A surge in gang violence in the 1980s led to what is called the STEP act in 1988, codified in PC 186.22. (Street Terrorism and Enforcement Act)
Membership in a criminal street gang, by itself, as with membership with any other organization, is not against the law, per se, due to our constitution’s first amendment “freedom of association.”
But while it technically may not be illegal to belong to a criminal street gang like the Rollin’ 80s, or Westside Crips, or countless others, if you “actively participate” with the gang, you can be charged with a violation of PC 186.22. This carries up to a 3 year prison sentence.
PC 186.22 goes further and operates as an “enhancement” to other crimes. This adds years to a sentence for an underlying conviction for just about any other crime committed “for the benefit of, at the direction of, or in association with a criminal street gang”, and in order to “promote, further, or assist” criminal gang activity.
The added prison sentence is up to 4 years, unless the crime is “serious” as defined in PC 1192.7, which includes all violent felonies, most sex crimes, and some drug crimes. The added sentence in this case is 5 years. If the underlying crime is considered “violent” per PC 667.5, which is a slightly shortened version of the PC 1192.7 list, then the punishment added is 10 years.
Murder, of course, is on the second list. But there’s typically more than 10 years added to a murder sentence. (Adding to an indeterminant, or “life” sentence, means adding consecutive terms or years, or, adding to the minimum term to be served before parole consideration.)
The reason is the “gun” enhancement and how that interacts with gang enhancement, PC 186.22. Under enhancement PC 12022.53, “personal” use of a firearm increases the penalty for murder to an additional 25 to life, which is the underlying sentence for first degree murder. This makes the minimum indeterminant sentence 50 to life for a murder committed with a firearm. But the language of PC 186.22 makes anyone who is a principal in the crime, subject to the additional term of imprisonment. And a principal is any accomplice to that crime.
Therefore, for example, if a jury finds that four persons were in a car when one jumped out, shoots and kills someone, and it can be shown any gang involvement by any of them (or the victim), they will likely find the PC 186.22 gang allegation to be true, and therefore that PC 12022.7 applies. This would lead to those riding in the backseat to face 2 life sentences, regardless of their mental state or level of participation – and irrespective if the person riding in the car is in the gang. This is because, as mentioned earlier, membership in the gang is not a crime. It’s participation. And that will be proved by the “expert” gang detective who will testify to that.
If you or a loved one is charged with a gang murder, call Los Angeles Murder Defense Lawyer Peter Sebastian now to discuss your case.