What is the range of sentences for a convicted of a violent felony committed for the benefit of a criminal street gang, with the specific intent to promote or assist criminal conduct by gang members?

California, United States of America


The following excerpt is from People v. Jones, 2d Crim. No. B262297 (Cal. App. 2016):

One convicted of a violent felony committed for the benefit of a criminal street gang, with the specific intent to promote or assist criminal conduct by gang members, is subject to a 10-year sentence enhancement. ( 186.22, subd. (b)(1)(C).) Committing a crime in concert with known gang members is sufficient to support the inference that the crime was committed with the intent to assist gang members' criminal acts. (People v. Albillar (2010) 51 Cal.4th 47, 68.) That a particular crime was gang-related can be established through expert testimony. (People v. Garcia (2016) 244 Cal.App.4th 1349, 1367-1368.)

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