Gang Prosecution

Charges that can multiply a sentence – and that are now subject to far greater scrutiny.

Gang allegations can transform an ordinary case into one with life-altering consequences. In California, prosecutors can charge participation in a criminal street gang as a stand-alone offense, and they can add gang enhancements that significantly increase the sentence on an underlying charge. In federal court, alleged gang activity is often prosecuted as a racketeering or conspiracy case, sweeping many defendants into a single indictment. And once the gang label attaches, it can color how judges, jurors, and prosecutors view everything else in the case.

The law in this area has changed substantially. California’s Assembly Bill 333, effective in 2022, raised the bar for proving gang allegations: prosecutors must now show the alleged benefit to the gang was more than reputational, the pattern of gang activity must be proven with offenses that commonly benefited the gang, and defendants can ask that gang allegations be tried separately from the underlying charge. These reforms opened real avenues for defense – but they require counsel who knows how to use them, and how to challenge the gang experts prosecutors rely upon.

IredaleRoth has extensive experience defending clients against gang allegations in state and federal court. We have handled investigations into some of the most complex and significant prison-based gangs in California, in both state and federal court. We have experience with charges under the federal RICO statute and similar state charges. We have also handled cases involving serious gang-related charges like the VICAR statute, and charges of homicide that arise in the gang context. We have successfully defended clients by having gang-related allegations struck or narrowed substantially. And in the civil context, we have led successful efforts to strike names from the CAL-GANGS database. 

When gang allegations are part of a case, common questions include:

• Can the prosecution actually prove the gang allegation under current law? Many cases filed under older standards cannot meet the stricter requirements now in place, and some past sentences may be eligible for relief.

• Should the gang allegation be tried separately? Gang evidence is often highly prejudicial. Separating it from the underlying charge can protect the fairness of the trial on the facts that actually matter.

• How reliable is the gang expert? Prosecution experts frequently rely on hearsay, field-interview cards, and generalizations. Rigorous cross-examination and well-prepared defense experts can expose the weaknesses in their opinions.