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Sonoma County District Attorney
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Gang/Hate Crimes

The Office of the District Attorney's Gang Unit is dedicated to removing the most dangerous gang members from our community. The Gang Unit is comprised of specially trained and highly experienced attorneys who prosecute all gang cases in Sonoma County. Gang crimes make up a vast majority of the serious and violent crimes committed in our neighborhoods and on our streets. More than half of the homicides in Sonoma County are committed by gang members. Being a member of a criminal street gang means that you have to commit crimes for or with the gang.

Gang Unit cases are handled in a vertical prosecution format where one deputy district attorney is assigned to the case at the time law enforcement submits the case to the District Attorney's Office for review. That deputy district attorney is assigned to handle the case at all court appearances and hearings, including violations of probation. The Gang Unit vertically prosecutes all serious and violent felonies committed by documented gang members. Members of the Unit also work closely with law enforcement agencies throughout the County and State to identify gangs and their members in an effort to monitor gang activity in Sonoma County.

Street Terrorism Enforcement and Prevention (STEP) Act

The Street Terrorism Enforcement and Prevention (STEP) Act was enacted in 1988 by the California legislature which found that "the State of California is in a state of crisis which has been caused by violent street gangs whose members threaten, terrorize, and commit a multitude of crimes against the peaceful citizens of their neighborhoods." The legislature enacted this law with the stated intent "to seek the eradication of criminal activity by street gangs by focusing upon patterns of criminal gang activity and upon the organized nature of street gangs." The STEP Act was amended by the voters (Prop 21) in 2000. In so doing the People of the State of California stated that "criminal street gangs have become more violent, bolder, and better organized in recent years... and gang-related crimes pose a unique threat to the public because of gang members' organization and solidarity. Gang-related felonies should result in severe penalties. Dramatic changes are needed in the way we treat criminal street gangs... if we are to avoid the predicted, unprecedented surge in juvenile and gang violence. Californians deserve to live without fear of violent crime and to enjoy safe neighborhoods, parks and schools."

The STEP Act encompasses substantive charges of violations of the Penal Code, as well as special allegations which subject gang members who commit crimes to additional punishment. According to Section 186.22 (a) of the Penal Code, "any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang" will be punished, not only for the underlying felony committed but also with up to three additional years in state prison.

The special allegation, defined in Section 186.22 (b) of the Penal Code, enhances the penalty by an additional three to 10 years. This allegation applies if the person committed the felony "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."

In addition, if the special allegation defined in Section 186.22 (b) is found to be true, and any one of the charged gang members personally uses a firearm in the commission of certain felonies, including murder, attempted murder, robbery or car jacking, then all of his accomplices, although unarmed, are liable for the use of the gun and each will be sentenced to an additional and consecutive term of 10 years, 20 years, or 25 years to life in state prison in addition to the penalty imposed for the underlying felony conviction.

The Sonoma County District Attorney's Office uses the STEP Act to aggressively prosecute gang members. The office consistently has a high conviction rate in gang cases.

The testimony of crime witnesses is vital to the prosecution of gang cases. The District Attorney's Office recognizes that fear of gangs can prevent them from cooperating with a prosecution. As a result, deputy district attorneys often work with the District Attorney's Bureau of Investigation to provide services, such as relocation.