PJLC Files Appellate Brief Defining Limits of Gang Prosecutions

The Peace and Justice Law Center (PJLC) filed an amicus brief in a California appellate court case that will shape when prosecutors are allowed to bring gang charges under AB 333, the reform law PJLC helped write. The case asks when a group can legally be treated as an “organized” gang—and when it cannot.

AB 333 was passed because lawmakers found that gang laws were being used too broadly and unfairly. Instead of targeting truly organized and violent groups, prosecutors were often adding gang charges to cases involving loose groups of friends or people who simply grew up in the same neighborhood. Those charges can add many extra years to a sentence, even when the underlying crime has nothing to do with organized gang activity.

In its brief, PJLC explains that the Legislature intended clear limits. A group should not be treated as a gang just because people know each other or claim the same neighborhood. Under AB 333, prosecutors should have to show basic signs of real organization—such as clear membership, some way of making group decisions, and evidence that people are acting together as a group, not just committing crimes alongside friends.

PJLC argues that enforcing these limits will lead to fairer outcomes. When gang charges are added too easily, people receive longer sentences for reasons that have little to do with what they actually did. These extra years are imposed almost entirely on people of color, making racial disparities in the justice system even worse.

Overcharging also harms public safety. In communities where gang policing is common, people see firsthand how often police and prosecutors get gang accusations wrong. That erodes trust in law enforcement and the courts, making witnesses less likely to cooperate and communities less safe overall.

PJLC filed this brief as part of its ongoing commitment to making sure legal reforms have real-world impact. Passing a law is not enough. PJLC stays involved to ensure that reforms like AB 333 are applied the way they were intended and actually change what happens to people in courtrooms.

PJLC will continue to monitor the case and advocate for interpretations of AB 333 that limit unfair gang prosecutions and promote a more just legal system.