| Gang Cases and the Street Terrrorism Enforcement and Prevention Act (California Penal Code Section 186.22(a)) |
California Penal Code Section 186.22(a) states that:
Any person who actively participates in any criminal street gang with
knowledge that its members engage in or have engaged in a pattern of
criminal gang activity, and who willfully promotes, furthers, or
assists in any felonious criminal conduct by members of that gang,
shall be punished by imprisonment in a county jail for a period not to
exceed one year, or by imprisonment in the state prison for 16 months,
or two or three years.
This law, known as the Street Terrorism Enforcement and Prevention (S.T.E.P.) Act is designed to curb gang activity and cut down on violent organized crime. In theory, who could argue with that ideal? The problem comes when this is mis-used and mis-applied. What do I mean? Under the S.T.E.P. Act, fully 30 separate criminal offenses are delineated to serve for the basis of prosecution. These are:
(1) Assault with a deadly weapon or by means of force likely to produce great bodily injury, as defined in Section 245;
(2) Robbery, as defined in Chapter 4 (commencing with Section 211) of Title 8 of Part 1;
(3) Unlawful homicide or manslaughter, as defined in Chapter 1 (commencing with Section 187) of Title 8 of Part 1;
(4) The sale, possession for sale, transportation, manufacture, offer
for sale, or offer to manufacture controlled substances as defined in
Sections 11054, 11055, 11056, 11057, and 11058 of the Health and Safety
Code;
(5) Shooting at an inhabited dwelling or occupied motor vehicle, as defined in Section 246;
(6) Discharging or permitting the discharge of a firearm from a motor
vehicle, as defined in subdivisions (a) and (b) of Section 12034;
(7) Arson, as defined in Chapter 1 (commencing with Section 450) of Title 13;
(8) The intimidation of witnesses and victims, as defined in Section 136.1;
(9) Grand theft, as defined in subdivision (a) or (c) of Section 487;
(10) Grand theft of any firearm, vehicle, trailer, or vessel;
(11) Burglary, as defined in Section 459;
(12) Rape, as defined in Section 261;
(13) Looting, as defined in Section 463;
(14) Money laundering, as defined in Section 186.10;
(15) Kidnapping, as defined in Section 207;
(16) Mayhem, as defined in Section 203;
(17) Aggravated mayhem, as defined in Section 205;
(18) Torture, as defined in Section 206;
(19) Felony extortion, as defined in Sections 518 and 520;
(20) Felony vandalism, as defined in paragraph (1) of subdivision (b) of Section 594;
(21) Carjacking, as defined in Section 215;
(22) The sale, delivery, or transfer of a firearm, as defined in Section 12072;
(23) Possession of a pistol, revolver, or other firearm capable of
being concealed upon the person in violation of paragraph (1) of
subdivision (a) of Section 12101;
(24) Threats to commit crimes resulting in death or great bodily injury, as defined in Section 422;
(25) Theft and unlawful taking or driving of a vehicle, as defined in Section 10851 of the Vehicle Code;
(26) Felony theft of an access card or account information, as defined in Section 484e;
(27) Counterfeiting, designing, using, attempting to use an access card, as defined in Section 484f;
(28) Felony fraudulent use of an access card or account information, as defined in Section 484g;
(29) Unlawful use of personal identifying information to obtain
credit, goods, services, or medical information, as defined in Section
530.5; and
(30) Wrongfully obtaining Department of Motor Vehicles documentation, as defined in Section 529.7.
So what is the problem? These are all crimes punishable in their own right. I was in the Compton Courthouse in Los Angeles County. While I was waiting for my matter to be called, I listened to a preliminary hearing that focused on this very issue. Essentially, the defense attorney was arguing that just because her client was carrying a gun (in the City of Compton), that fact alone did not mean that the defendant was a gang memner or "acting for the benefit of a gang." A "gang expert" testified on behalf of the District Attorney's Office. He said that one of the hallmarks of gang activity is a focus on violent activity, specifically guns. The judge refused to dismiss the case. There is case law on point. The judge was wrong. I mean, taken to an extreme, eating is part of everyday life, gang or otherwise. And, just because somebody is walking in a gang neighborhood, it very well may be where they live. The S.T.E.P. Act cannot and should not be used to hassle and harrass innocent people and as a tool simply to increase penalty and punishment for certain people who happen to live in certain area.
At the Law Offices of Richard M. Sudar we fight hard to ensure that you get justice. The penalties / punishment for conviction under the S.T.E.P. Act are severe. It never ceases to amaze me just how many people are prosecuted under this code section who are not gang memebers, have never been gang members, and never will be gang members. Don't let the police just put something on you. These cases require expert representation by an experienced criminal defense attorney. So if you, a friend, or loved one is being prosecuted or investigated for a crime, including "gang related" charges, your first call should be to the criminal Law Offices of Richard M. Sudar at (310) 277-4112. We always are available to assist you. We have handled dozens and dozens of "gang cases" throughout Southern California, from Ventura County to Los Angeles County to San Bernardino County to San Diego County and virually everywhere in between. You can simply click here as well for immediate assistance. Remember, you can afford the best defense.
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Posted By Richard Sudar on November 18, 2009 10:50 am | Permalink  |