Proposition 36 and Gang Enhancements: What’s Still Allowed in 2025?

For many years, California passed more lax rules about gang-related charges and made it harder to charge someone under the Three Strikes Law. Thanks to headline-grabbing heists in recent years, gang enhancement in California is starting to become stricter. In particular, Proposition 36 is now making it so that many previous misdemeanors, such as petty theft, shoplifting, and drug possession, can now be charged as felonies in certain circumstances.

As a result, it is important to take any criminal charge seriously. Some crimes that were misdemeanors in 2024 can now land you in state prison, so consult with a skilled criminal defense attorney to determine the best steps for your case.

A gang enhancement charge is given when a crime is committed at the direction, association, or benefit of a gang. When this happens, additional time can be added to someone’s sentence.

The main California gang enhancement law is California Penal Code Section 186.22. Under this law, someone who commits a felony while in a gang must be sentenced to an additional two, three, or four years. A serious felony must be punished by an extra five years. Meanwhile, violent felonies are punished by an added 10 years.

It’s important to keep in mind that California considers a gang to be any group of three or more people that commits a criminal act together or individually. In this sense, Proposition 36 can be considered the latest continuation of gang enhancement laws in California. Under Proposition 36, any petty theft, damage to property, or shoplifting that occurs with three or more people in the group can be charged as a felony and lead to three extra years of prison time.

Other than the gang enhancement law changes in 2024 through Prop 36, the most recent gang enhancement law was Assembly Bill 333 (AB 333) of 2021. Under AB 333, gang enhancement charges actually became much harder to pass. Proposition 36 takes the opposite approach by coming down harder on certain crimes.

Proposition 36 was passed in 2024 with the goal of dealing with a few issues.

• Harsher penalties for serial retail theft
• Mandated treatment for drug and mental health issues
• Increased sentences for drug crimes that involve a firearm

For example, in a marked shift from Proposition 47, California’s Prop 36 allows the court to add up the amount stolen from different instances of petty theft. If the total adds up to more than $950, the individual can be charged with a felony instead of a misdemeanor.

Similarly, prosecutors can now charge someone with a felony conviction if they have been convicted of petty theft at least twice in the past. If there were three or more people involved in the theft, everyone involved can receive increased penalties.

While the sole purpose of Proposition 36 wasn’t for gang enhancement in California, it will likely end up having that effect. The entire bill was designed to target drug problems and smash-and-grab retail gangs. When anyone commits certain crimes with three or more people, it leads to automatic sentence enhancements.

Thanks to changes to gang enhancement in California, losing a criminal case can have significantly harsher repercussions. Proposition 36 has made it so that some misdemeanor crimes are now converted into felonies. If you are charged with one of these crimes, you need to seek out professional legal assistance right away. A talented criminal defense firm can help you determine the best course of action for your case. They can help you gather evidence, interview witnesses, and figure out the best strategy for fighting the prosecutorial team in court.

To learn more about what it takes to defend your case in the courtroom, give our criminal defense lawyers a call today.