Matthew J. Ruff Criminal Law Blog on Lawyers.com

In the city of Torrance and throughout the county of Los Angeles, it is a felony or misdemeanor for any person to  actively participate in a criminal street gang. The offense carries a potential prison term in county jail for up to one year, or by imprisonment in state prison for 16 months, or two or three years. See the applicable code section PC §186.22(a). These laws related to gang violence were created in the 1990's in response to a general outcry from community leaders regarding the heavy tax they were placing on the cities were the crimes were taking place.  According to a Criminal Attorney in Torrance CA, Matthew J. Ruff, there are three elements that must be proved to find a violation of Pen C §186.22(a):

(1) The defendant actively participated in a criminal street gang;

(2) When the defendant participated in the gang, he or she knew that the members of the gang engage in or have engaged in a pattern of criminal gang activity; and

(3) The defendant willfully promoted, furthered, or assisted in any felonious criminal conduct by members of that gang.

The criminal street gang crime is a substantive offense that applies to the perpetrator of felonious gang-related conduct as well as to an aider and abettor of that conduct. To secure a conviction or juvenile adjudication under Pen C §186.22(a), it is not necessary for the prosecution to prove that the defendant devotes all or a substantial part of his or her time and efforts to the gang, nor is it necessary to prove that the defendant is a member of the gang. The prosecution need only prove the defendant’s active participation in the gang. As reported by one Torrance Criminal Attorney, active participation requires involvement that is more than nominal or assive but does not mean that the defendant must have a leadership role in the gang. Penal Code §186.22(a) requires a separate intent and objective from the underlying felony committed on the gang’s behalf. The defendant must have the intent and objective to actively participate in the criminal street gang but need not have the intent to commit the underlying felony. When the defendant has the intent to commit the underlying felony and also has the intent to commit that felony to promote or assist the gang, A Court is not required to stay the defendant’s sentence for the gang crime under relevent statutes that limit sepeerate punishment for concurrent acts. 

The penalties that can be handed down by judges and courts can be quite severe. At a minimum, a Judge must sentence the defendant to serve a minimum of 180 days in the county jail, if requested by the District Attorney,  as a condition for granting probation or suspending execution of the sentence for these types of criminal offenses. Go to Torrance Criminal Defense Attorney blog for additional References and more information on similar crimes and charges under California state law.