Recent incidents in Santa Ana have led to multiple arrests related to gang activity and firearm possession, underscoring ongoing challenges in the city. The Santa Ana Police Department has been actively conducting suppression operations and proactive enforcement to address these issues.
In one incident, Gang Detectives observed a known gang member exiting his vehicle. After attempting contact, the gang member discarded narcotics and attempted to enter his residence. He was detained, and narcotics were recovered. A search of his vehicle revealed a loaded firearm. The suspect was arrested and booked into the Santa Ana Jail on narcotics and firearm-related charges. The firearm seized was identified as a Glock 17.
In another case, patrol officers conducting proactive enforcement along the E. 1st Street corridor initiated a traffic stop. The driver, a self-admitted gang member, informed officers that he was carrying a firearm. Officers recovered a loaded firearm, later determined to be stolen, from his waistband. The suspect was arrested and booked at the Santa Ana Jail on various firearm-related charges. The firearm seized was identified as a SIG Sauer P226.
Gang Detectives also contacted several gang members loitering near French St. and 15th St. Two of the subjects were found to be on probation. A search of an apartment associated with one of the probationers led to the discovery of a loaded firearm and gang indicia. Multiple subjects were arrested and booked at the Santa Ana Jail for various firearm violations. The firearm seized was identified as an S&W 9mm Shield.
In a separate incident, patrol officers conducted a traffic stop near 400 N. Linwood Ave. One of the occupants was found to be on probation. A search of the vehicle led to the discovery of a loaded revolver, and a juvenile was arrested for weapon-related charges. The firearm seized was identified as an S&W J-Frame 642.
These incidents highlight the ongoing efforts of the Santa Ana Police Department to combat gang activity and reduce firearm-related crime in the city. The arrests demonstrate a commitment to removing illegal firearms from the streets and holding offenders accountable.
Here’s a breakdown of the typical penalties for the crimes noted in the article:
I. Narcotics-Related Charges
The article mentions “discarded narcotics” and “narcotics were recovered”. This could lead to charges such as:
- Possession of a Controlled Substance (Health & Safety Code 11350 HS, 11377 HS):
- Since the passage of Proposition 47, simple possession for personal use of most controlled substances is generally a misdemeanor.
- Penalties: Up to one year in county jail, and/or a fine of up to $1,000. Many first-time offenders may be eligible for drug diversion programs (e.g., PC 1000 or Prop 36), which can lead to dismissal of charges upon successful completion of treatment.
- Possession for Sale of a Controlled Substance (Health & Safety Code 11351 HS, 11378 HS):
- If the quantity of drugs, packaging, or other evidence suggests intent to sell, this is a straight felony.
- Penalties: Two, three, or four years in state prison, and substantial fines (potentially up to $20,000 or more).
- Transportation or Sale of a Controlled Substance (Health & Safety Code 11352 HS, 11379 HS):
- This is a straight felony.
- Penalties: Three, four, or five years in state prison. Penalties can be significantly enhanced for large quantities or transportation across county lines.
II. Firearm-Related Charges
The article notes “loaded firearm”, “loaded revolver”, “stolen” firearm, and individuals being “known gang member” or “on probation”. These details are crucial for determining penalties.
- Carrying a Loaded Firearm in Public or a Vehicle (Penal Code 25850 PC):
- Generally a misdemeanor.
- Penalties: Up to one year in county jail, and/or a fine of up to $1,000.
- Felony Enhancement: Can be charged as a felony (16 months, 2 or 3 years in state prison) if:
- The person is a “known gang member” or “active participant in a criminal street gang.”
- The firearm was “stolen” and the person knew it was stolen.
- The person is “on probation” and prohibited from possessing firearms.
- The person has a prior felony conviction.
- Carrying a Concealed Firearm (Penal Code 25400 PC):
- Can be a “wobbler” (misdemeanor or felony).
- Misdemeanor Penalties: Up to one year in county jail, and/or a fine of up to $1,000.
- Felony Penalties: 16 months, 2 or 3 years in state prison, and/or fines up to $10,000, particularly if any of the above felony enhancement conditions apply (e.g., gang member, prohibited person).
- Felon in Possession of a Firearm (Penal Code 29800 PC):
- If the individual has a prior felony conviction, this is a straight felony. Being “on probation” suggests a prior conviction.
- Penalties: 16 months, 2 or 3 years in state prison. A conviction results in a lifetime ban on owning or possessing firearms.
- Possession of a Controlled Substance While Armed (Health & Safety Code 11370.1 HS):
- This charge is triggered when an individual possesses certain controlled substances (e.g., meth, cocaine, heroin, PCP) while simultaneously armed with a loaded and operable firearm.
- This is a straight felony and is not eligible for drug diversion.
- Penalties: Two, three, or four years in state prison.
III. General Sentencing Considerations
- Gang Affiliation: Being a “known gang member” can lead to significant sentencing enhancements under California’s Street Terrorism Enforcement and Prevention Act (STEP Act – PC 186.22), adding multiple years to a prison sentence.
- Probation Violation: Being “on probation” and then arrested for new crimes constitutes a probation violation, which can lead to the imposition of a previously suspended sentence or additional jail/prison time for the violation itself, in addition to penalties for the new charges.
- Juvenile Offender: For the juvenile arrested, the case would typically be handled in juvenile court, which focuses more on rehabilitation, but serious offenses can lead to detention in a juvenile facility or even transfer to adult court in extreme cases.
- “Strike” Offenses: Many of the felony firearm and drug offenses, especially those involving sales or gang enhancements, can count as “strikes” under California’s Three Strikes Law, significantly increasing future felony sentences.
- Fines & Fees: In addition to incarceration, substantial fines, court fees, and restitution to victims (if applicable) are common.
