Criminal defense
Robbery and firearm charges
Norwalk Superior Court
Not-guilty verdict
Criminal defense
Long Beach Gang Charges Defense Lawyer
A gang allegation can add more time than the underlying offense and changes how a jury hears every piece of evidence. It is also, since 2022, significantly harder for the prosecution to prove than it used to be. The consultation is free.
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The allegation
What Penal Code 186.22 does
Penal Code 186.22 works in two ways. Subdivision (a) is a substantive offense: actively participating in a criminal street gang, with knowledge that its members engage in a pattern of criminal gang activity, while wilfully promoting or assisting felonious conduct by members of that gang. Subdivision (b) is an enhancement added to another felony committed for the benefit of, at the direction of, or in association with a gang, with the specific intent to promote, further or assist criminal conduct by gang members.
The enhancement is what carries the weight. Depending on the underlying offense it adds a determinate term, and for a serious or violent felony it can add five or ten years, with life terms for specified offenses. A felony with a gang finding is also a serious felony and therefore a strike.
Sources: Penal Code 186.22(a) — active participation as a substantive offense; Penal Code 186.22(b)(1) — the enhancement for a felony committed for the benefit of a gang; Penal Code 186.22(f) — “criminal street gang” defined.
What changed
AB 333 narrowed this substantially
Assembly Bill 333 took effect in 2022 and changed the elements in ways that matter in nearly every case. The predicate offenses used to prove a pattern of criminal gang activity must now have commonly benefited a criminal street gang, and the benefit must be more than reputational. The currently charged offense can no longer be used as one of the predicates. The predicates must have been committed by gang members and must be within a narrower window. And “benefit” now requires a common benefit that is more than reputational, which removes the most commonly used theory in the older cases.
Penal Code 1109, enacted at the same time, entitles a defendant on request to have the gang allegation tried separately from the underlying charge. That is a significant protection, because gang evidence is prejudicial and was previously heard by the same jury deciding guilt on the substantive offense. Requesting bifurcation is now a standard and important step.
These changes apply retroactively to cases that were not final, so people with older gang findings have in many instances obtained relief.
Sources: Penal Code 186.22(e)–(g) — pattern, common benefit, and the exclusion of reputational benefit; Penal Code 1109 — bifurcation of gang allegations on request.
The evidence
How gang cases are actually proved, and contested
Prosecutions rest heavily on a gang expert, usually a police officer, who testifies about the gang’s existence, its primary activities, its pattern of criminal activity, and whether this offense benefited it. Since the California Supreme Court’s decision in People v. Sanchez in 2016, that expert may not relate case-specific hearsay as true, which restricts the officer’s ability to recite what other officers, field interview cards, and informants said. Enforcing Sanchez rigorously is one of the most effective tools available.
The rest of the evidence is usually association: photographs, social media, tattoos, clothing, who someone was with, and prior field contacts. None of that establishes active participation, and mere association with gang members, presence in a neighbourhood, or family relationships are not sufficient. Growing up somewhere is not membership, and a photograph is not intent.
The defense
Where these allegations fail
The specific intent element is the most productive. The prosecution must prove not only that the defendant committed the offense but that they intended to promote, further, or assist criminal conduct by gang members. A personal dispute, a robbery for money, or an argument that had nothing to do with a gang does not become gang-related because the participants know each other.
The predicates are the second. After AB 333 the prosecution must prove that the predicate offenses commonly benefited the gang in a way that is more than reputational, that they were committed by members, and that they fall within the statutory window. Older files were not assembled with those requirements in mind and often cannot meet them.
Then: whether the group meets the statutory definition of a criminal street gang at all, including the primary activities element; whether the person was an active participant rather than an associate or a former member; Sanchez objections to the expert’s basis evidence; and bifurcation under Penal Code 1109 to keep the prejudice away from the guilt determination.
The office
How the Law Offices of Patrick S. Aguirre handles gang allegations
The office has defended serious felony cases in Long Beach and across Los Angeles County for nearly three decades. A gang allegation is treated as a separate case within the case: bifurcation is requested, the expert’s basis is tested under Sanchez, and the predicates are examined against the current version of the statute rather than the practice that grew up under the old one.
Nothing here predicts an outcome. The firm has offices in Long Beach and Downey and speaks Spanish.
Frequently asked questions
Common questions
I am not in a gang. Why is there a gang allegation?
The enhancement does not require membership. It requires that the felony was committed for the benefit of, at the direction of, or in association with a gang, with the specific intent to promote criminal conduct by gang members. In practice allegations are often built from association evidence — who you were with, photographs, tattoos, the neighbourhood — none of which proves the intent element on its own.
What did AB 333 change?
It narrowed the statute considerably from 2022. Predicate offenses must have commonly benefited the gang in a way that is more than reputational, the charged offense can no longer serve as a predicate, predicates must be committed by gang members and fall within a narrower window, and Penal Code 1109 allows the gang allegation to be tried separately from the underlying charge on request.
How much time does a gang enhancement add?
It depends on the underlying felony. For a serious felony the enhancement is generally five years and for a violent felony ten, with life terms for specified offenses and lesser terms for others. A felony with a gang finding also becomes a serious felony, which makes it a strike.
Can the jury hear gang evidence when deciding whether I did it?
Not if bifurcation is requested and granted. Penal Code 1109 entitles a defendant on request to have the gang allegation tried separately from the substantive charge, so the jury decides guilt without the prejudicial gang material. This is a request that should be made in essentially every case where it applies.
Selected case results
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Serious felony charges
Riverside Superior Court
Not guilty on all charges after three years in custody
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Domestic violence charge
Westminster Superior Court
Charge dismissed at trial
Client experiences
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Meet your attorney
Law Offices of Patrick S. Aguirre
A Professional Law Corporation
The future of your case may depend on a successful outcome. It can be stressful to go through the legal process alone—but thankfully, you don’t have to.
The Law Offices of Patrick S. Aguirre will stand up for clients’ interests and rights, providing high-quality representation in personal injury cases and criminal defense matters throughout California from its Long Beach office.
We work with you and for your best interests. Our legal team is compassionate, hard-working, and tenacious—fighting to get the job done right when it matters most. No case is too complicated or insignificant for our full attention. Our clients may move forward into a brighter future free from worry about past mistakes.
We’re the legal team that never gives up. When you need an attorney who will fight for what’s right, turn to us, and we’ll do everything in our power to help. No matter how challenging your situation may seem, there is hope.
“Courage is the most important attribute of a lawyer.”
Robert F. Kennedy
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Leave your contact information and, if helpful, a short general summary. The office will follow up.
Thank you.
The office received your contact request. If your matter is urgent, call 562-904-4337.