Gang Enhancements and “Associations” — What’s Considered Evidence Now?

When you face a sentencing enhancement, it essentially means that you’ll receive a longer prison sentence for the exact same crime. Gang enhancements have been passed by the California legislature with the goal of discouraging gang activity.

Under gang enhancement law changes in 2025, the legislature is also trying to discourage smash-and-grab crimes, like shoplifting rings. Because of changes to sentencing and wobbler offenses, you should always seek out professional legal help if you’re charged with a crime that may involve enhanced penalties.

Under California Penal Code 186.22, the state explicitly defines what it means to be a part of a gang and lists specific sentencing enhancements for people who take part in a gang.

When you’re in court, the prosecution can establish gang association in a few key ways, such as through graffiti, slang, clothing, tattoos, or consistently being around members of a gang. If you have a history of gang involvement or activities, this history can be used to establish a pattern.

If the state can show you committed a felony in association or to benefit a gang, then your punishment can be enhanced by an extra two, three, or four years in prison. Serious felonies (determined through Section 1192.7) are punished by an extra five years in prison. For violent felonies (defined in Section 667.5), you’ll be given an extra 10 years to serve in prison.

The most recent gang enhancement update was in 2024 through AB 333. Under this change, the scope of gang enhancement in California was narrowed. It also set up new procedures so that gang-related allegations could be charged separately.

However, for gang enhancement law changes in 2025, it’s a good idea to review Proposition 36. Enacted in December 2024, Prop 36 was designed to come down harder on petty theft and shoplifting. Besides turning some incidents of petty theft into felonies, it also strongly discourages mass smash-and-grab activities.

Basically, Proposition 36 adds an additional three years to someone’s sentence if they carry out a felony smash-and-grab with a total of three people or more. It also allows multiple misdemeanor thefts to be added together to make more than $950. This turns some misdemeanors into felonies, making it easier for gang enhancement sentencing to apply. However, it’s important to note that while this enhancement targets groups of people who may be acting in a gang-like manner, it isn’t technically considered a gang enhancement charge. In reality, it’s easier for the enhancement to apply because Prop 36 just requires three or more people to be present for the enhancement to go into effect.

To challenge a gang enhancement charge, there are a few important steps you can take.

• Challenge the idea that you have a gang association or membership. For example, you can say that knowing someone doesn’t mean you’re an active participant.
• There are specific definition rules that demonstrate whether something is a gang or not, so your attorney just has to prove that one of these elements is not true.
• Prove it doesn’t benefit the gang.
• Use the Constitution’s focus on due process, equal protection, and freedom of association to challenge the enhancement charges.
• Challenge the testimony of the gang “expert.”

If you are charged with a felony, it can result in deportation if your immigration status is illegal. Similarly, criminal charges can affect the status of a CPS case as well as your future housing options. Depending on your career field, it may also impact your ability to apply for jobs or maintain your professional license.

For all of these reasons, it’s important to stay on top of gang enhancement law changes in 2025. Gang enhancement sentencing can lead to much longer spells in prison, so you need the best help possible. To learn more about navigating your legal case, reach out to our team of talented criminal defense attorneys in Orange County.