What is the test for the enhancement of a charge of aggravated assault with intent to promote, further or assist in any criminal conduct by gang members?

California, United States of America


The following excerpt is from People v. Jacobs, F076948 (Cal. App. 2020):

As for the second prong of the enhancement, there must be substantial evidence defendants acted with "the specific intent to promote, further, or assist in any criminal conduct by gang members including the current offenses . . . ." (People v. Albillar, supra, 51 Cal.4th at p. 65.) "[I]f substantial evidence establishes that the defendant intended to and did commit the charged felony with known members of a gang, the jury may fairly infer that the defendant had the specific intent to promote, further, or assist criminal conduct by those gang members." (Id. at p. 68.) On the evidence presented here, it would be difficult for a rational jury to come to any conclusion other than that defendants harbored the requisite intent.

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