Legal Question in Criminal Law in California

What is the difference between pc 186.22 A and pc 186.22 B


Asked on 2/15/12, 10:51 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

I think you mean Penal Code section 186.22, subdivisions (a) and (b). Subdivision (a) prohibits people from participating in a criminal street gang, and is punished by jail or prison, which makes it a wobbler. A wobbler can be charged as a felony or a misdemeanor, and if charged as a felony initially, may qualify to be reduced to a misdemeanor and expunged later.

Subdivision (b) provides that if the defendant is convicted of a felony commited for the benefit or in association with a criminal street gang, have enhanced penalties as set forth in the further subdivisions.

You can read the text of the statute here: http://law.onecle.com/california/penal/186.22.html

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Answered on 2/21/12, 11:48 am


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