What is the range of sentences available under section 186.22, subdivision (b)(1)(1) of the Cal.S.P.O. code of conduct for a charge of assault with intent to pervert the course of justice?

California, United States of America


The following excerpt is from The People v. Josue H, B219076, No. FJ45837 (Cal. App. 2010):

Section 186.22, subdivision (b)(1), provides: "Except as provided in paragraphs (4) and (5), any person who is convicted of a felony committed 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, shall, upon conviction of that felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished" with an enhanced sentence. The gang enhancement requires proof of two elements: (1) that the felony was committed for the benefit of, at the direction of, or in association with any criminal street gang; and (2) that the defendant harbored the requisite intent. (People v. Gardeley (1996) 14 Cal.4th 605, 623-624.)

Other Questions


Does section 17(b)(5) of the California Code of Civil Procedure apply to a defendant charged with a charge of assault with intent to pervert the course of justice? (California, United States of America)
What is the range of sentencing for a defendant who pleaded guilty to a charge of assault with intent to pervert the course of justice? (California, United States of America)
What are the elements of section 186.22(b)(1) of the California Criminal Code relating to the charge of assault with intent to pervert the course of justice? (California, United States of America)
What is the range of sentences for a defendant who has pleaded guilty to a charge of assault with intent to pervert the course of justice? (California, United States of America)
What is the range of sentences for a defendant convicted of a charge of assault with intent to pervert the course of justice? (California, United States of America)
What are the reasons for a judge to sentence a defendant to two concurrent sentences for a charge of assault with intent to pervert the course of justice? (California, United States of America)
What are the elements of section 186.22(b)(1) of the California Criminal Code relating to the charge of assault with intent to pervert the course of justice? (California, United States of America)
What is the range of sentences for a defendant who pleaded guilty to a charge of assault with intent to pervert the course of justice? (California, United States of America)
Does section 12022.7 of the Criminal Code apply to an enhancement to the sentence of a defendant convicted of a charge of assault with intent to pervert the course of justice? (California, United States of America)
What is the range of potential sentences for a defendant who pleaded no contest to a charge of assault with intent to pervert the course of justice? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.