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Gang detectives were patrolling in the area of Westminster and Newland last Saturday night when they observed a known parolee and several documented gang members hanging out and drinking in public, according to the Westminster Police Department.
Unfortunately for the suspects, during a pat down, a firearm was located in the waistband of one of the suspects who also had methamphetamine in their pocket. The police also seized a switchblade knife from one of the suspects.
A total of three subjects were charged with various felonies and booked into the Orange County Jail.
Here’s a breakdown of the potential charges and penalties the suspects are now facing:
I. Parolee (with Gun, Meth, Switchblade, Drinking in Public):
This individual faces the most severe consequences.
- Parole Violation (California Penal Code § 3000.08):
- Automatic Revocation: Possession of a firearm, drugs, and a switchblade, along with public intoxication, are clear violations of parole conditions. This will almost certainly trigger a parole revocation hearing.
- Consequences: If parole is revoked, the individual can be sent back to state prison for up to one year for the violation itself, often served in county jail. This is in addition to any new sentences for the new crimes. Subsequent parole violations can lead to further time.
- Felon in Possession of a Firearm (California Penal Code § 29800 PC):
- As a parolee, they are a convicted felon and prohibited from possessing firearms.
- Penalty: Felony, punishable by up to three years in state prison and/or a fine of up to $10,000.
- Carrying a Loaded Firearm in Public (California Penal Code § 25850 PC):
- Carrying a loaded gun in a waistband in public is a serious offense.
- Penalty: This is a “wobbler” (can be a misdemeanor or felony). It will be charged as a felony due to the parolee’s status and gang affiliation. Punishment can be 16 months, 2 years, or 3 years in state prison and/or a fine up to $10,000.
- Possession of Controlled Substance While Armed (California Health & Safety Code § 11370.1 HS):
- This is a highly significant charge. When someone possesses certain controlled substances (like meth) while simultaneously armed with an operable firearm, it’s a felony. This often carries a higher penalty than simple possession.
- Penalty: Felony, punishable by two, three, or four years in state prison and/or a fine of up to $10,000. This charge also makes the individual ineligible for many drug diversion programs.
- Possession of Methamphetamine (California Health & Safety Code § 11377 HS):
- If not charged under HS 11370.1, simple possession (post-Prop 47) is typically a misdemeanor (up to 1 year in county jail, $1,000 fine). However, if the parolee has a prior conviction for certain serious felonies (e.g., murder or specified sex offenses), it can be charged as a felony (16 months, 2 or 3 years in state prison).
- If there’s any evidence of intent to sell (e.g., quantity, packaging), it becomes Possession for Sale (HS 11378), a felony punishable by up to three years in state prison.
- Possession of a Switchblade Knife (California Penal Code § 21510 PC):
- Possession of a switchblade knife with a blade 2 inches or more is generally a misdemeanor (up to six months in county jail, $1,000 fine).
- However, given the context (parolee, gang member, with other weapons), it could also be charged as Carrying a Concealed Dirk or Dagger (California Penal Code § 21310 PC), which is a “wobbler.” In this scenario, it would almost certainly be a felony (16 months, 2 years, or 3 years in state prison) due to the dangerous nature of the weapon and the individual’s status.
- Drinking Alcoholic Beverage in Public (California Business and Professions Code § 25602):
- This is typically a misdemeanor or an infraction, often resulting in a fine.
- While minor on its own, it contributes to the overall narrative of a parolee violating laws and conditions, which could impact parole revocation decisions and sentencing.
II. Gang Members (with or without direct possession of gun/meth/switchblade):
Even if the other two gang members didn’t directly possess the gun, meth, or switchblade, they could still face severe penalties if they were aware of these items and were acting in concert with the person who possessed them, or if the items were found in an area they jointly controlled (e.g., a shared vehicle).
- Active Participation in a Criminal Street Gang (California Penal Code § 186.22(a)):
- This is a “wobbler” (misdemeanor or felony). As a felony, it carries up to three years in state prison. This requires active participation, knowledge of the gang’s criminal activity, and willful promotion/assistance of felonious conduct by gang members. This is very likely to be charged given the scenario.
- Gang Sentencing Enhancement (California Penal Code § 186.22(b)):
- This is the most significant penalty for gang members. If any of the underlying crimes (firearm possession, drug possession, knife possession) were committed for the benefit of, at the direction of, or in association with a criminal street gang, with the specific intent to promote, further, or assist in criminal conduct by gang members, this enhancement applies.
- Impact: This adds additional years to the sentence for the underlying felony:
- Generally: 2, 3, or 4 additional years.
- If the felony is a “serious felony”: 5 additional years.
- If the felony is a “violent felony”: 10 additional years.
- For certain severe felonies (e.g., murder, home invasion robbery, carjacking, drive-by shooting): 15 years to life without parole eligibility until 15 calendar years are served.
- Given the firearm and meth, and the overall context of gang activity, these underlying offenses would almost certainly be considered serious or violent felonies for enhancement purposes.
- Conspiracy: If the individuals planned or agreed to commit any of these crimes together, they could also be charged with conspiracy, which often carries the same penalties as the target crime.
- Aiding and Abetting: Even if they didn’t directly possess the items, if they assisted, encouraged, or facilitated the commission of the crimes by the parolee, they could be charged as principals under an “aiding and abetting” theory.
Combined Penalties and Overall Outlook:
- Cumulative Sentences: Sentences for each felony conviction and the gang enhancements are often served consecutively, meaning they add up significantly.
- Three Strikes Law: All of the felony charges (firearm possession, concealed dirk/dagger, drug possession while armed, gang participation) are “strike” offenses. If any of these individuals have prior “strike” offenses, their current sentences would be dramatically increased (e.g., doubling sentences for one prior strike, or 25-years-to-life for two prior strikes).
- Orange County’s Stance: Orange County prosecutors and courts have a reputation for being tough on crime, especially when it involves gangs, firearms, and parole violations. They will likely push for maximum sentences and consecutive terms.
- No Diversion: For the parolee, and potentially the gang members, the nature of these charges (especially the firearm and gang enhancements) would likely preclude eligibility for drug diversion programs or other alternatives to incarceration.
- Bail: Bail would likely be extremely high, if granted at all, due to the public safety risk and the severity of the charges.
This scenario represents a high-stakes legal situation, and all three individuals face potentially very long state prison sentences. The parolee would likely be returned to prison quickly due to the parole violation, and then face substantial new charges.
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