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Gang Crimes

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Mark Broughton > Drug Crimes > Gang Crimes

What are Gang Crimes?

Gang crimes are any crimes committed on behalf of a gang. Gang crimes are punished more harshly than if someone who wasn’t a part of gang committed the same crime. This is because of the California STEP Act or California’s street gang enhancement law.

Penal Code 186.22(a) – Participation in a Gang

It is a crime to participate in a street gang or any felony behavior with the gang members. There are 3 elements of this crime that must be proven by the prosecutors:

  • You “actively participated” in a criminal street gang meaning you participated in activities actively, not passively
  • You knew that these gang members engaged in a criminal activity
  • You willingly assisted in felony criminal conduct by gang members


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Penalties for Participation in a Gang

The penalties for this crime can include:

  • As a misdemeanor – 1 year in a county jail and a fine up to $1,000
  • As a felony – 16 months, 2, or 3 years in a state prison and a fine up to $10,000

Penal Code 186.22(B) – Gang Sentencing Enhancement

Anyone who commits a felony in affiliation with a gang will receive a required prison sentence on top of the penalties for the felony committed. Depending on the case, this could mean an additional 5, or 10 years in prison, or it can be a special circumstance to first degree murder, making the person eligible for life in prison without the possibility of parole or the death penalty.

Gang Crimes

Legal Defenses for Gang Crimes

If you are not convicted of an underlying felony, then you can’t have the gang sentencing enhancement added. If you can fight the underlying felony, then you can avoid the gang sentencing enhancement.

In order to be guilty of “participation in a gang” you have to be an active participant. If the prosecutor can’t prove that you were an active participant, then you can’t be guilty of this crime.

When committing the felony associated with this, you have to have done so with the intent to benefit the gang. If it wasn’t to benefit the gang, even if you were an active member, you can’t receive gang sentencing enhancement.

Have you been legally accused of committing gang crimes? If you have been arrested or charged with a crime, it is essential to obtain legal council for help. It’s important to take your charges seriously. Don’t just hope for the best. Hire an attorney who understands your situation and the consequences you face.

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Phone: 559-691-6222

Your Defense Attorney for Gang Crime Charges

I’m Mark A. Broughton and I’m here to fight for you. I have been a defense Attorney for 40+ years and have represented thousands of people accused of crimes. I have extensive experience representing citizens charged with Felonies, Federal Crimes, Federal White Collar Crimes, Violent Crimes, Gang Crimes, and Sex Crimes to name a few.

10.0Mark A. Broughton
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About Mark Broughton:

Compassionate, highly experienced, exceptional reputation, ethical and honest:

Mark Broughton has been practicing law for over 40 years. He estimates that he has conducted over 200 jury trials – everything from DUIs, drug cases, sex cases, domestic violence, assaults, “three-strikes,” dozens of cases involving criminal street gangs, gun/deadly weapons, drive-by shootings, robberies, attempted murders, and murders, including special circumstance murder cases.

He has received many outright Not Guilty verdicts for his clients in all of these types of cases, including several murder cases – at one time between 2005-2007, the jury found his clients Not Guilty in four separate cases in a row.

Mark Broughton is qualified as a death penalty lawyer and is on the special circumstances/death penalty panel of attorneys in Fresno, California, where he is regularly appointed to special circumstances/death penalty murder cases by the Fresno County Superior Court.

Other Qualifications:
  • Certified Specialist Criminal Law, State Bar of California
  • Board of Trustees, State Bar of California
  • Chairman, Fresno County Bar Association, Criminal Law Section

Mark Broughton enjoys close relationships with his clients.  He sees every individual’s situation with compassion and empathy and believes that every person has the right to a fair trial and is innocent until proven guilty.

Above all, he enjoys helping reunite his clients and their families during and after dealing with perhaps the most difficult time in their lives, going through the challenging criminal process with them.

Practice Areas

  • Federal Crime 40%
  • White Collar Crime 20%
  • Violent Crime 20%
  • Criminal Defense 10%
  • Sex Crimes 10%

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