Gang Allegations

Practice Areas

Los Angeles Gang Crime Defense Attorney

California prosecutors generally prosecute gang association as an enhancement to an underlying crime, such as robbery, discharge of a firearm, burglary, attempted murder or other felonies. For a robbery charge, for instance, if the maximum prison term is 5 years, the gang allegation could add another 2-25 years depending on the charges and other circumstances.  We, criminal defense attorneys in Los Angeles know how to defend gang crimes

Under Street Terrorism Enforcement and Prevention Act (STEP Act) and California Penal Code §186.22 if one participates in a crime committed by a street gang for the benefit of the gang, He could receive extensive additional time in custody.

If you are convicted of a violent felony with a gang enhancement, in addition to the time you have to serve for the underlying felony, your sentence could be increased by an additional 10 years in prison. If the base crime is a strike such as attempted murder or shooting from a vehicle and there are injuries to victims, you face 15 years to life in State Prison, if convicted.

Sometimes, a gang allegation could turn an underlying misdemeanor crime to a felony if gang allegation is also charged. This could lead to much harsher sentences one would receive had it been just a misdemeanor without gang allegation

Gang cases often involve the charge of aiding and abetting. This is because gang members generally engage fellow gang members in the planning and commission of a crime. It is not uncommon to see that a gang member simply stood by when another gang member shot the victim, or assaulted or battered the victim. In these circumstances, the prosecution will attempt to prove gang affiliation and association as a method to prove that the silent member must also be held responsible for the completed crime.

Defenses to Gang Allegation in Los Angeles County

Your aggressive criminal defense lawyer in Los Angeles could fight for you and strike the gang allegation, especially if there is little evidence that you are in fact a gang member, or that you had little involvement in the underlying crime. We could also challenge the sufficiency of the evidence for the base crime and attempt to have the whole case dismissed.

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