Gang Crimes & Enhancements in San Francisco

California’s Penal Code provides punishment for both participating in, and committing crimes for the benefit of, at the direction of, or in association with, a criminal street gang, which the law defines as “any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts, having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.”

Conviction on a charge either of participation, or conviction of a crime whose punishment is elevated by a finding that it was committed for the benefit of, at the direction of, or in association with, a criminal street gang, can have major consequences including prison. Even if one is convicted, but avoids prison, they will likely be placed on probation with the condition that they have no association with any individuals in a gang, even family members, and may not possess any items that could be interpreted as being related to gang activity.

If you face gang allegations it is important to have a lawyer that is familiar with the way that gang experts present their opinions about the existence and characteristics of the particular group claimed as a gang, and also how they present their opinions about whether a person was a member, or committed a crime for the benefit of, at the direction of, or in association with the group claimed as a criminal street gang.

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