Gang Enhancement Laws-What Most Don’t Know

These Penal Codes Sections and Gang Enhancements Apply to Both Juveniles and Adults

Gang Enhancement Laws:


Murder Penal Code 187, in the first degree, with premeditation = 25 years to life + 10 year Gang Enhancement = 35 years total to life. Special Circumstances = Death or life without the possibility of parole.

Murder in second degree, without premeditation means; that there is no evidence that you planned the murder and did not mean to kill the person = 15 years to life + 10 year gang enhancement = 25 to life.

Voluntary Manslaughter, Penal Code 192 Heat of Passion.(Example)if you find your wife or girl friend in your home with someone else and you killed them = 3, 6, 11 years + 10 year gang enhancement = 21 years to life.

Attempted murder 664/187 means if you shoot someone and you don’t kill them = 5 to 9 years + 10 year gang enhancement = 19 years total to life. With premeditation means if you thought about shooting someone before you did it = Life in prison + 10 year gang enhancement.

Accessory after the fact Penal Code 32 means, that if you helped someone hide a crime after they committed the crime = 16 months, 3 years. + 4 year gang enhancement = 7 years total.

Drive by shooting, Penal Code Section 246 = 3 to 7 years + 15 years for the gang enhancement. = 22 years to life.

Carry a gun in a public place by a gang member , Penal Code Section 12025 = 3, 5, 7, years + 2 to 4 year gang enhancement = 11 years + A felony for the gun not being registered with DOJ.

Assault with a deadly weapon Penal Code 245 (a) (1) means, if you assault someone with a gun, knife or bat = 2 to 4 years + 5 year gang enhancement = 9 years max.

Assault by the means to create Great Bodily Injury Penal Code 245 (a) (1) means, that if you catch fade/fight someone and hurt them really bad = 2 to 4 years + 4 year gang enhancement = 8 years.

Threats to commit death or great bodily injury Penal Code 422 means, that if you threaten someone to kill or beat them up, = 16 months to 3 years + 5 year gang enhancement = 8 years max.

Threatening or dissuading a witness Penal Code 136.1 means, that if you tell someone to stop snitching in court = 2 to 4 years + 7 year gang enhancement = 11 years max.

Burglary Penal Code 459 means, that if you break in someone’s home = 2, 4, 7, years. If someone is home when you break in, the gang enhancement is 10 years = 17 years. If no one is home, when you break in the house, the gang enhancement is 5 years + 2 = 7 years max.

Car Burglary /commercial property Penal Code Section 459 means, that if you break into a car or a place of business =16 months, 3 years + 5 year gang enhancement = 8 years max.

Receiving stolen property Penal Code 496 means that if you are in possession of someone’s stolen property, Example: Cell phones, flat screen TV’S, computers, ect’ = 16 months to 3 years + 2 to 4 year gang enhancement = 7 years max.

Vehicle theft Vehicle Code 10851 means, that if you are caught stealing or riding in a stolen car = 16 months to 3 years + 4 year gang enhancement = 7 years max.
Possession of a controlled substance Health and safety Code 11337 and 11350 means, that if you are caught with drugs = 16 months to 3 years + 4 year gang enhancement = 7 years max.

Sale or possession for sale of a controlled substance means, that if you are caught selling drugs = 2 to 9 years depending on the circumstances of the crime + 4 year gang enhancement = 13 years max.

Domestic Violence Penal Code 273.5 means, that if you hit your boy friend/girl friend = 2 to 4 years for your first offence and 2 to 5 years for second offence, there are very few circumstances in which a gang enhancement would be added. But if one were added it would add an additional 2 to 4 years. = 9 years max.

Claiming or admitting to being a gang member is not a crime. Actively participating in a criminal street gang with the intent to further criminal activity by gang members, is a violation of Penal Code 186.22 (a) = 16 month to 3 years. There is no gang enhancement for this charge. (It is a substantive violation)
Recruiting someone to join your gang, stopping someone from leaving A gang, is a violation of Penal Code 186.26 (e) = 5 years, additional 3 years if the person is under the age of 18 = 8 years max.

Any misdemeanor committed for the benefit of, in association with, our at the direction of the gang can be charge as a felony under (Penal Code 186.22 (d) = 1 to 3 years. (Example) If your homeboy tells you to go catch fade/fight someone and you do. Instead of you be charge with a simple misdemeanor you can be charge with 245 (a) felony assault =16 months to 3 years + 5 year gang enhancement = 8 years max.

P.C. 12022.53 states that if 4 gang members gets into a car and does a drive by shooting and someone is killed, everyone in the car not just the shooter gets 25 to life + 25 for first degree murder = 50 years to life for everyone riding in the car.

Parents of gang members can be prosecuted and be held criminally liable for the Childs gang related activities, if the parent fails to exercise reasonable care and supervision of their minor child, they can be charged with contributing to the delinquency of a minor Penal Code 272 = 1 year in prison + $2,500 fine. This also applies when the minor child does not go to school.

Remember, you do not need to be a validated as a gang member to be charge with gang enhancements. All people who are hanging around gang members can be charge with” gang enhancements “. Sentencing ranges 1 to 50 years extra years. Be cool, stay calm, and stay out of trouble.