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Detectives from the Costa Mesa Police Department’s Special Investigations Unit and the Gang Unit along with special agents from HSI-Orange County conducted a narcotics investigation on Wednesday night near a home improvement store on Harbor Blvd in Costa Mesa.
Four Los Angeles men in their 30s, were arrested for narcotics violations.
One of the subjects fled on foot and the three others who drove away were arrested after they collided with a police vehicle.
Three of the arrestees are felons and all four are suspected gang members. They were in possession of a small amount of cocaine, two stolen firearms, and over $67,000 in cash.
This was a proactive investigation to get felons and drugs off the streets, which is a large part of Costa Mesa’s Special Investigations.
The potential penalties for the four gang members arrested in Costa Mesa, CA, will depend on several factors, including the specific charges filed by the Orange County District Attorney’s Office, the evidence presented in court, and their prior criminal records. Here’s a breakdown of the potential charges and their associated penalties under California law:
1. Possession of a Small Amount of Cocaine (California Health and Safety Code § 11350):
- This is generally a felony in California.
- Potential Penalties:
- 16 months, 2, or 3 years in state prison.
- A fine of up to $20,000.
- Probation with up to one year in county jail.
- Factors that could influence the sentence: The amount of cocaine, the defendant’s prior drug convictions, and whether there was an intent to sell. First-time offenders may be eligible for drug diversion programs instead of jail time.
2. Possession of Two Stolen Firearms (California Penal Code § 496 PC):
- Possession of a stolen firearm is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony.
- Misdemeanor Penalties (if the firearm’s value is under $950 and the defendant has no prior convictions):
- Up to one year in county jail.
- A fine of up to $1,000.
- Felony Penalties (if the firearm’s value is $950 or more, or if the defendant has prior felony convictions):
- 16 months, 2, or 3 years in state prison.
- A fine of up to $10,000.
- Carrying a Loaded Stolen Firearm (California Penal Code § 25850(c)(2) PC): This is automatically a felony punishable by 16 months, 2, or 3 years in county jail.
3. Over $67,000 in Cash:
- The possession of a large amount of cash can be used as evidence of intent to sell drugs (California Health and Safety Code § 11351 HS). If the prosecution can prove intent to sell, the penalties are more severe:
- 2, 3, or 4 years in state prison.
- A fine of up to $20,000.
- For cocaine base, the prison sentence can be up to 5 years.
- If the amount of cocaine exceeds one kilogram, additional prison time (3 to 25 years) and fines (up to $8,000,000) can be added.
- The cash itself could also be subject to seizure and forfeiture if it is proven to be proceeds from illegal activity.
4. Fleeing on Foot (One Subject) and Evading Police in a Vehicle (Three Subjects) (California Vehicle Code § 2800.1 VC):
- Fleeing on Foot: This could be charged as resisting, delaying, or obstructing a peace officer (California Penal Code § 148(a)(1) PC), a misdemeanor punishable by:
- Up to one year in county jail.
- A fine of up to $1,000.
- Both a fine and imprisonment.
- Evading Police in a Vehicle: This is a misdemeanor under California Vehicle Code § 2800.1 VC, punishable by:
- Up to one year in county jail.
- A fine of up to $1,000.
- The vehicle may also be impounded for up to 30 days.
5. Collision with a Police Vehicle:
- If the collision resulted from the willful flight or attempt to elude a peace officer with a willful or wanton disregard for safety, the charge could be elevated to felony reckless evading (California Vehicle Code § 2800.2 VC), punishable by:
- 16 months, 2, or 3 years in state prison.
- A fine of up to $10,000.
- If serious bodily injury occurs, the penalties increase significantly under California Vehicle Code § 2800.3 VC, with potential state prison sentences of 3, 5, or 7 years.
6. Gang Enhancement (California Penal Code § 186.22 PC):
- Since the individuals are described as gang members, the prosecution may seek a gang enhancement to any felony charges if they can prove the crimes were committed for the benefit of, at the direction of, or in association with a criminal street gang, and with the specific intent to promote, further, or assist in criminal conduct by gang members.
- Potential Additional Penalties for Gang Enhancement:
- For a felony conviction, an additional term of 2, 3, or 4 years in state prison, at the court’s discretion.
- If the felony is a serious felony, an additional 5 years.
- If the felony is a violent felony, an additional 10 years.
- Certain felonies, like home invasion robbery, carjacking, or felony firearm violations, committed with a gang nexus, can result in an additional 15-year prison term.
In Summary:
The four individuals could face a combination of these penalties depending on the specific charges and findings in their cases. The fact that they are gang members and that stolen firearms and a large amount of cash were involved will likely lead to more serious charges and potentially significant prison sentences, especially if the gang enhancement is applied. The individual who fled on foot will face separate charges related to resisting or obstructing the police. The three who collided with a police vehicle could face more severe penalties related to evading, especially if recklessness or injury is proven.
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