Any charge for a crime is much more serious the moment it is determined by law enforcement to be related to gang activity or a gang member. If convicted, it means increased penalties. And if a jury gets the idea from prosecutors that an individual charged with a crime has any gang connections, it can instantly influence the entire outcome of the proceedings. In short, being charged with a gang related crime can greatly increase the likelihood of conviction.
The Racketeer Influenced and Corrupt Organizations Act, or RICO, is a federal law that was first used against crime families, such as the Mafia. Now, the courts use RICO against unions, gangs and other groups that have committed crimes together. Recently, New York state prosecutors have begun using a RICO-like law called enterprise corruption to strengthen their cases.
RICO and enterprise corruption prosecutions cause major problems for the accused because it loosens up the rules of evidence. Many things that would not be relevant in the traditional model of proving a crime can be used in these cases. Even a tangential connection to an organization could be charged under this broad law. You want an attorney on your side who knows how the system works.
Gang Enhancement
In criminal law, the term “enhancement” means that there is a condition or circumstance that is more serious, than it otherwise might be. A gang enhancement means that a crime was committed for the benefit of a gang. Therefore, if this presumption is allowed to go unchallenged and found to be true by the court, the defendant will receive a much harsher punishment than if the same crime had been committed by a non-gang member.
The unfortunate reality on today’s society is that money plays a key part in the decision making by the prosecution. Government agencies receive federal funds to prosecute gang cases. Prosecutors are anxious to add the gang label and gang enhancement to cases to get these funds. They are not scrupulous or even fair about labeling people as a gang member, nor do they take the time to find out the real facts of a matter in crimes involving anyone who has ever been labeled as a gang member.
If you have been accused of a violent crime such as murder, assault, robbery, or carjacking, you will need a diligent criminal defense lawyer to review all your possible defenses such as self-defense, lack of criminal intent, or accident. You need an attorney the help of one of the most skilled and knowledgeable criminal defense lawyers, to fight to keep you out of prison.
Defending a Gang Crime Accusation
By showing that the defendant was in the wrong place at the wrong time, that he or she didn’t want to commit a crime, by showing their background and why they were with those people at the time of the crime, great gang crime defense lawyers can often get the judge and jury to show leniency to clients.
These are usually good young people who got caught up in something they didn’t really understand. They need help so they can get back on track and go on to lead a productive life. Locking them up for years isn’t the answer.
Sheriffs and police departments track gang activity. Authorities also keep a packet on each person they believe to a member of a gang. Due to the extensive resources the government has dedicated to tackling gang issues, police and prosecutors are often overzealous to charge an offender with a gang crime.
Use our site to locate an experienced attorney who will understand the intricacies of these types of cases and will challenge the findings if you have been falsely accused.
