This offense is classified as a class 6 felony carrying not less than 1 year and up to 5 years imprisonment or incarceration in jail for up to 12 month and a fine of up to $2,500, either or both. This penalty can be enhanced even further under certain circumstances and are separate offenses from the underlying crime that is the basis of the charge. That is to say, that you will face this charge in addition to whatever the predicate criminal offense was that was the basis of this charge, such as, assault, theft, robbery and so on. The basic elements of this crime is to commit a predicate offense while participating in a criminal gang, at the direction of a criminal gang or for the benefit of a criminal gang.
Because of the increase in gang activity in recent years and the outcry of the public for effective action against gangs, the legislature has created severe penalties that serve as additional deterrents for being a member of a gang. The proof required to prosecute these cases is significant. If convicted the prosecution almost always seeks active incarceration.
Because the facts of each case are very specific it is recommended that you seek out the advice and direction of an attorney as soon as possible to evaluate and recommend a course of action for your particular circumstances.