By James “Hollywood” Macecari Author of New Age of Biking & Brotherhood
Are MC’S Gangs? Motorcycle Clubs face Gang Enhancement Laws
The age old question when it has to do with motorcycle clubs. You have a 50-50 mix depending on who you ask. Regardless of your opinion we’re going to talk about gang enhancement laws, laws that are often used against members of motorcycle clubs.
In order for a gang enhancement to be added to your sentence under California Penal Code Section 186.22(b), all of the following elements must be true:
You committed a felony crime The crime was gang-related, AND You had specific intent to promote, further or assist criminal gang conduct when committing the crime
The prosecution will attempt to show that the crime you committed benefitted a gang by enhancing its reputation for being violent or that you committed the felony at the direction of a gang or with gang members.
In the Maquiz case, the evidence presented in his solo robbery case showed that he committed it alone. He had not worn or displayed any gang symbols, tattoos, signs or colors. In fact, when committing the robbery, Maquiz held a hand over his face and pulled a cap down to his eyes in order to remain anonymous. Therefore, his actions would not have any effect on the gang’s reputation..
The gang enhancement Maquiz received for a solo robbery was overturned for two reasons: the hard work of a skilled criminal defense lawyer and Maquiz never gave up. You should not give up on your case either. Contact an experienced criminal defense lawyer at Wallin & Klarich immediately if you or someone you know is facing serious criminal charges.
Gang enhancement laws are vindictive and an overreach of law enforcement powers, even though the Supreme Court ruled it wasn’t. With the ruling of the Supreme Court it gives law enforcement a free pass on who gets classified. If you’ve never heard of a gang member list, you’re going to be surprised with what it means to be on it, More on this subject in the video below.