Orange County Criminal Defense
Gang Enhancement The Right Lawyers. The Right Results. Make the Right Choice.TM  

Enhancement — Gang

Gang Enhancement Attorney

Penal Code section 186.22, also known as the Gang Enhancement, adds additional penalties to gang members who commit crimes. Penal Code section 186.22(a) penalizes gang members who willfully “promotes, furthers or assists felonious conduct” by other gang members. Penal Code section 186.22(a) is a wobbler. If the court grants probation to a defendant convicted of Penal Code section 186.22(a), then the minimum sentence is 180 days jail.

Penal Code section 186.22(b) adds an additional consecutive sentence to an underlying felony sentence if a defendant commits a felony “for the benefit of, at the direction of, or in association with any criminal street gang” if the defendant has the specific intent to “promote, further or assist in any criminal conduct by gang members.” Specifically,

  • Penal Code section 186.22(b)(1)(A) adds a consecutive term of 2, 3, or 4 years for any felony that is not serious or violent;
  • Penal Code section 186.22(b)(1)(B) adds a consecutive term of 5 years if the underlying felony is serious, as defined by Penal Code section 1192.7(c); and
  • Penal Code section 186.22(b)(1)(C) adds a consecutive term of 10 years if the underlying felony is violent, as defined by Penal Code section 667.5.

Furthermore, there are a few felonies, when committed for the benefit of the gang with the intent to promote the gang, that are punishable by life in prison, pursuant to Penal Code section 186.22(b)(4). The following are some of the crimes that come under this section and the minimum terms required:

  • Home invasion robbery – Penal Code section 213(a)(1)(A) – 15 years to life
  • Carjacking – Penal Code section 215 – 15 years to life
  • Discharging a Firearm at an occupied house or car – Penal Code section 246 – 15 years to life[i]
  • Extortion – Penal Code section 519 – 7 years to life
  • Victim or Witness intimidation – Penal Code section 136.1 – 7 years to life

A felony conviction that is also punishable Penal Code section 186.22 is a serious felony as defined by Penal Code section 1192.7(c)(28). That means that any felony conviction that becomes punishable under Penal Code section 186.22 becomes a strike. If a defendant is charged with a “normal” felony but the DA adds an enhancement for Penal Code section 186.22(b)(1)(A), conviction of that felony and the enhancement turns the felony into a strike.

If a defendant is being charged with a gang enhancement, his penalties can jump up significantly. It’s important to hire an attorney that knows how to fight gang enhancements. In every gang trial that Mr. Thiagarajah has had, he has never had a defendant convicted of the gang enhancement.

Make the Right Choice

Reasons to Choose Right Choice Law
  • Choose Our Experience

    Our team at Right Choice Law is backed by 60 years of combined experience.

  • Choose Our Character

    You don't need just a good attorney. You need an attorney that you can trust to protect your future.

  • Choose Our Perseverance

    We are committed to our clients. We will spend as much time as it takes to get the best result possible.

  • Choose Our Training

    At Right Choice Law, all of our lawyers are former Deputy District Attorneys.

  • Choose Our Intelligence

    Principal Attorney Fred Thiagarajah is a member of MENSA, the international high-IQ society.

  • Choose Our Knowledge

    Laws are constantly changing. Our attorneys are up to date on all the latest developments with constant research and regular attendance at seminars.

We Are Dedicated 
to Your Success

Meet the Right Attorneys for You

Hundreds of 5-Star Reviews

We Earned Our Reputation by Fighting for Yours
  • “Thank you for all your effort, kindness and knowledge of the law. Thank you for having represented me and for having made this process so easy and painless. Thank you for making the rest of my life a lot more peaceful. Keep up with the good work.”

    - Former Client
  • “I took the court program upon the recommendation of Fred. He helped not only with court but helped me realize I should take this program if I really wanted to live a better life. Today, life is good. Thanks Fred”

    - V.P.
  • “Some attorneys that I spoke to don't even really take the time to truly understand what you have going on. They only care about the facts (which I get), but not the person dealing with the difficult problem. You don't get that feeling with Fred.”

    - Kenny
  • “Fred made it clear to the judge that I was falsely accused. He saved my professional career. I am SO thankful that I was represented by Fred. I highly recommend him.”

    - Former Client
  • “In the end, all charges were dismissed against me. If you want the best criminal defense attorney on your side, Fred Thiagarajah is not the just the Right Choice, he's the only choice.”

    - Former Client

Start Your Defense

Request a Free Consultation
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.