Gang Enhancements pursuant to California Penal Code 186.22 


California Penal Code 186.22(a) has an exposure triad of 16 months, two, or three years.

The elements that must be proved beyond a reasonable doubt are:

  1.  The accused actively participated in a criminal street gang.
  2. The accused had knowledge that its members engage in or have engaged in a pattern of criminal gang activity.
  3. The accused willfully promoted, furthered or assisted in felonious criminal conduct by members of that gang.

California Penal Code 186.22(b)(1)(A) has an exposure triad of two, three, or four years.

The elements that must be proved beyond a reasonable doubt are:

  1.  The accused actively participated in a criminal street gang.
  2. The accused willfully promoted or assisted in felonious criminal conduct by members of that gang.
  3. The accused was convicted of a felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members.

186.22 (b)(1)(B) is a five year enhancement when the underlying felony is a serious felony.

The elements that must be proved beyond a reasonable doubt are:

  1.  The accused actively participated in a criminal street gang.
  2. The accused willfully promoted or assisted in felonious criminal conduct by members of that gang.
  3. The accused was convicted of a serious felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members.

186.22 (b)(1)(C) is a 10 year enhancement when the underlying felony is a violent felony.

The elements that must be proved beyond a reasonable doubt are:

  1.  The accused actively participated in a criminal street gang.
  2. The accused willfully promoted or assisted in felonious criminal conduct by members of that gang.
  3. The accused was convicted of a violent felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members.

186.22 (b)(4)(B)  Enhancements when the underlying felony is for specified offenses.  15 years to life. 

The elements that must be proved beyond a reasonable doubt are:

  1.  The accused actively participated in a criminal street gang.
  2. The accused willfully promoted or assisted in felonious criminal conduct by members of that gang.
  3. The accused was convicted of a felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members.
  4. 15 years to life when the underlying felony is a home invasion robbery (Penal Code 213), carjacking pursuant to Penal Code 215, discharging firearm at an inhabited dwelling, and penal code 12022.55 violations.

186.22 (b)(4)(C) Enhancements when the underlying felony is for extortion. 7 years to life

The elements that must be proved beyond a reasonable doubt are:

  1.  The accused actively participated in a criminal street gang.
  2. The accused willfully promoted or assisted in felonious criminal conduct by members of that gang.
  3. The accused was convicted of a felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members.
  4. 7 years to life when the underlying felony is extortion, as defined in Penal Code section 519; or threats to alleged victims and witnesses, as defined in Penal Code section 136.1

186.22 (b)(5) Enhancements when the underlying felony is punishable by imprisonment in state prison for life.  No parole for at least 15 years.

The elements that must be proved beyond a reasonable doubt are:

  1.  The accused actively participated in a criminal street gang.
  2. The accused willfully promoted or assisted in felonious criminal conduct by members of that gang.
  3. The accused was convicted of a felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members.
  4.  The crime the accused committed was a felony punishable by imprisonment in the state prison for life.

186.22 (d) Enhancements for aiding a street gang. Punishable triad of one, two, or three years. This offense is a "wobbler" in that it can be either a misdemeanor or felony.

The elements that must be proved beyond a reasonable doubt are:

  1.  The accused has been convicted on a public offense.
  2. The offense was committed for the benefit of, at the direction of or in association with, any criminal street gang.
  3. The accused had the specific intent to promote, further, or assist in any criminal conduct by gang members.