Arizona criminal charge
Participating in or assisting a criminal street gang in Arizona
Participating in or assisting a criminal street gang is a criminal offense under Arizona law, defined by A.R.S. § 13-2321. Its classification is not fixed: Arizona assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by A.R.S. § 13-2321.
What is the penalty for participating in or assisting a criminal street gang in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 4 years to 10 years (Participating in a criminal street gang — Applies to a person who commits participating in a criminal street gang as defined under subsection A.; presumptive 5 years; mitigated 3 / aggravated 12.5 years available only on at least two mitigating/aggravating circumstances (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Participating in a criminal street gang — Applies to a person who commits participating in a criminal street gang as defined under subsection A.; fine cap for an individual (13-801); drug and other offenses may set higher statute-specific amounts) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 2.5 years to 7 years (Assisting a criminal street gang — Applies to a person who commits assisting a criminal street gang by committing any felony offense for the benefit of, at the direction of, or in association with a criminal street gang as defined under subsection B.; presumptive 3.5 years; mitigated 2 / aggravated 8.75 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Assisting a criminal street gang — Applies to a person who commits assisting a criminal street gang by committing any felony offense for the benefit of, at the direction of, or in association with a criminal street gang as defined under subsection B.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
Applies to first felony offense, non-dangerous; presumptive term 5 years.
How is participating in or assisting a criminal street gang classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Participating in a criminal street gang | Class 2 Felony | Applies to a person who commits participating in a criminal street gang as defined under subsection A. | A.R.S. § 13-2321C |
| Assisting a criminal street gang | Class 3 Felony | Applies to a person who commits assisting a criminal street gang by committing any felony offense for the benefit of, at the direction of, or in association with a criminal street gang as defined under subsection B. | A.R.S. § 13-2321D |
Common questions about participating in or assisting a criminal street gang in Arizona
Is participating in or assisting a criminal street gang a felony or a misdemeanor in Arizona?
It depends on the circumstances: participating in or assisting a criminal street gang ranges from a Class 3 Felony to a Class 2 Felony in Arizona under A.R.S. § 13-2321.
Participating in a criminal street gang: Class 2 Felony (A.R.S. § 13-2321C) · Assisting a criminal street gang: Class 3 Felony (A.R.S. § 13-2321D)
What are the penalties for participating in or assisting a criminal street gang in Arizona?
Penalties for participating in or assisting a criminal street gang in Arizona depend on how it is classified — from a Class 3 Felony up to a Class 2 Felony — with the ranges set by A.R.S. § 13-702; the full table of ranges by variant is published on this page.
Which Arizona statute covers participating in or assisting a criminal street gang?
Participating in or assisting a criminal street gang is governed by A.R.S. § 13-2321 (Participating in or assisting a criminal street gang; classification).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.