Gang Cases

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Gang Crimes Lawyer in Orange County

California Penal Code 186.22

PC 186.22(a) Definition

Penal Code Section 186.22(a) makes it a crime for a person to actively participate in criminal street gang activity. Code Section 186.22 makes it an additional charge and sentence enhancement for members to engage in criminal activity or assisting in any felonious conduct to further the progression of the gang.

This charge may be filed as a misdemeanor punishable by a maximum of a year in county jail or as a felony punishable by a maximum of three years in California state prison. It is rare for this crime to be charged as a misdemeanor. If you or loved one have been charged with a gang crime, contact the Orange County gang crime lawyer at the Law Offices of Christian Kim today for a free consultation.

Get started planning your case today by calling (714) 576-2935or contacting our firm online.

Gang Enhancement Laws in California

What is Gang Enhancement?

Under CA Penal Code Section 186.22(b), "Gang Enhancement" is an increase to one's criminal punishments in California due to their willful involvement in gang activity. Gang enhancement applies to those who have committed a felony for the benefit of, at the direction of, or in association with any criminal street gang with the specific intent to promote, further, or assist in any criminal conduct by gang members. The possible increase in the sentence under this enhancement is between two years to life in state prison depending on the felony committed.

Even misdemeanors can be enhanced to be charged more heavily. For example, a person charged with felony vandalism (such as tagging that causes more than $400 in damage) may also be charged with Penal Code Section 186.22(a) if the prosecutor believes that the person is also an active gang member. That person also may be charged with Penal Code Section 186.22(b) if the prosecutor believes that the vandalism was committed for the benefit of the gang. This enhancement will increase the possible punishment by a maximum of four years in state prison.

In another example, a person charged with a carjacking may also be charged with the above two sections if the prosecution believes that the person was an active gang member and that the carjacking was committed for the benefit of, at the direction of, or in association with a criminal street gang in Orange County. The potential sentence for this person is life in state prison.

Other crimes that could be open to gang enhancement laws:

Both Penal Code Sections 186.22(a) and 186.22(b) are strikes under the California Three Strikes Law.

Gang Affiliation Lawyer in Orange County, CA

In order to prove a gang case, a “gang expert” is called to testify on behalf of the prosecution in almost all cases. These experts are usually investigators from the local police department who are assigned to the gang unit. They will testify to their opinion that a certain person is a gang member based on that person’s prior contacts with law enforcement which are usually documented in police reports and Field Identification Cards.

At the Law Offices of Christian Kim, our attorney has successfully handled numerous gang cases during his career. He has the necessary trial experience to effectively challenge not only the gang expert, but also the prosecution’s other evidence. Being a former deputy district attorney who has worked closely with gang investigators and experts, he can recognize the weaknesses in a prosecution’s case and use it to his client’s advantage.

If you have been charged with a gang crime, contact us today and arrange a free initial consultation. Call (714) 576-2935 now.

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"I had the privilege of working with Christian Kim, and I couldn’t be more pleased with the experience."
From the very first consultation, Mr. Kim demonstrated the utmost professionalism and expertise in criminal law. His communication throughout the process was exceptional. I highly recommend Attorney Christian Kim to anyone in need of skilled legal representation. His professionalism, clear communication, and ability to achieve a favorable outcome make him a top-tier criminal attorney.

- Ali S.
"If you want a straightforward no nonsense attorney he is your guy."
Christian handled my case very well and every question I had was answered promptly and clearly. I expected to hear positive feedback as I am not realistic at times so when Christian brings me back to reality it’s based on his experience as a former DA. Knowledgeable and steadfast in his pursuit for a fair outcome for his clients. Every case is different but the common denominator for having a fair/good/great outcome in any case is a no nonsense attorney armed with knowledge and that is who Christian is. My case is done today but he is always a phone call away for advice. He’s an overall great human to deal with.

- Jella J.
"Christian is the BEST attorney!"
He provided me a clear explanation of my case which made it less stressful in the beginning. He is understanding and supportive. There was no problem reaching him at any time of the day. He was transparent since the day I met him and that’s an important factor when choosing the right attorney. He will make sure you have everything you need even before the judge will ask for it. He made me feel ready at every hearing. He has plenty of experience at what he does. He will fight for you every step of the way. I definitely recommend him! You will not regret it one bit. He deserves more than a 5 stars with the effort he has put into my case. Thank you for your time and service, Christian. It was a pleasure working with you.

- Dion D.
"If you’re looking for an attorney for a criminal case, I highly recommend him! Five stars are not enough to rate him."
I was fortunate to meet Christian Kim. His experience as a prosecutor and professional knowledge played a decisive role in getting my case dismissed. Not only is he highly professional, but he also has exceptional empathy. While he primarily uses English, he speaks Korean fluently, so there was no difficulty in communicating with me! He also provided me with comfort and courage. Being with Attorney Kim in the heavy atmosphere of the courtroom always made me feel secure. Words cannot express my gratitude. Thank you so much for everything.

- Hooni K.
"Christian is the best fit for you if you are looking for a criminal defense attorney."
The prosecutor bullied me 12!!! courts simply because I had a public defender. I was facing a lot of trouble, but an acquaintance recommended him. Christian's strategic recommendation turned the tide in my case. He studied the case and said that my case was 100% winnable. I trusted him, and this is the result. Today, I was cleared of all charges. Thank you so much, Christian. I will recommend you to anyone who is in trouble.

- Denny B.
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Knows what he’s doing and he does it very well. He earned my trust at my first visit and did not disappoint me throughout the case. Highly recommended!

- Casey
"He went the distance and I never felt pressured or that wasting his time."
Christian Kim was recommended to me and I am extremely grateful that he was. From the initial consultation to nearly a year later when our case closed, Mr. Kim, was always on top of his game. He is extremely knowledgeable, professional, and straight forward. He thoroughly explained and analyzed each possible outcome several times to cater to my needs. He went the distance and I never felt pressured or that wasting his time. He a true professional and he is respected by others in the court room.

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Christian was very helpful and understanding. I was pretty scared when I called him and he was very patient and sympathetic. He walked me through everything I needed to do and he always came prepared to court. He got great results for me and I can’t thank him enough! Definitely recommend him!

- Former Client

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Commitment
Attorney Christian Kim is committed to using his extensive experience as a former prosecutor and as a Santa Ana criminal defense attorney to aggressively and competently defend the rights of those accused of wrongdoing.
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Mr. Kim believes that anything less than complete honesty is a disservice to his clients. You deserve complete and frank communication from your attorney in order to make informed decisions in your case.
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Maintaining the highest level of professionalism with all of his clients is a priority for Mr. Kim. Each client is treated respectfully and courteously and all phone calls are returned promptly.
Experience
After more than 7 years serving the Orange County area as a prosecutor and now over 14 years as a criminal defense attorney, Christian Kim has experience on both sides. His unique history gives him the one-of-a-kind perspective that your case needs.

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