Gang Strike Priors

“California Street Terrorism Enforcement and Prevention Act”

Penal Code § 186.22

The California Legislature has declared that everyone should be secure and protected from fear, intimidation, and physical harm caused by the activities of violent groups and individuals. This sounds good of course, but the way the law is carried out and applied focuses on race-based considerations, among other unfair correlations, and is not applied evenly throughout the State. Of course we want to discourage unnecessary violence in our society. The main problem, though, is that the definition of a gang can end up including anything from dance collectives (yes, dance collectives) to Organized Crime.

If you have been convicted of a crime that involves a gang allegation, you may be wondering whether you have a strike prior that can be used against you to enhance a sentence if you are charged with a crime.

Penal Code § 1192.7, subdivision (c)(28) makes any felony offense “which would also constitute a felony violation of [PC] section 186.22” a strike. Penal Code 186.22 is the section dealing with gang crimes (of course, prosecutors and judges like to use the phrase, Street Terrorism!). But does that mean your gang charge will always be treated as a strike prior?

No, not necessarily.

There are several situations where your gang charge may not be used as a separate strike against you in court. One is if the gang enhancement applies to a misdemeanor. Another is if the prior is a separate gang charge under PC 186.22(a) that occurred before 2013.