Street Gang Criminal Defense Lawyers in Bay Area
Have you been charged with Criminal Street Gang activities?
- Gang Enhancements
- Gang Membership
- Violations of Gang Injunctions
An experienced skilled defense attorney can challenge your criminal street gang charges to avoid conviction or negotiate a plea to lesson jail time.
Criminal street gangs related activities are serious felonies under the California Penal Coded 186.20 – 186.33 and the United States Code Title 18521. Both the California laws and federal laws have severe penalties for individuals involved in the criminal street gangs.
18 USC §521
§ 521. Criminal street gangs
“conviction” includes a finding, under State or Federal law, that a person has committed an act of juvenile delinquency involving a violent or controlled substances felony.
“criminal street gang” means an ongoing group, club, organization, or association of 5 or more persons— 1 its primary purposes is the commission of 1 or more of the criminal offenses described below; the members of which engage, or have engaged within the past 5 years, in a continuing series of offenses described below; the activities of which affect interstate or foreign commerce.
Offenses.— The offenses described in this section are—
(1) a Federal felony involving a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) for which the maximum penalty is not less than 5 years;
(2) a Federal felony crime of violence that has as an element the use or attempted use of physical force against the person of another; and
(3) a conspiracy to commit an offense described in paragraph (1) or (2).
Penalty.— The sentence of a person convicted of an offense described in subsection (c) shall be increased by up to 10 years if the offense is committed under the circumstances described below.
Circumstances.— The circumstances described in this section are that the offense described above was committed by a person who—
(1) participates in a criminal street gang with knowledge that its members engage in or have engaged in a continuing series of offenses described in subsection (c);
(2) intends to promote or further the felonious activities of the criminal street gang or maintain or increase his or her position in the gang; and
(3) has been convicted within the past 5 years for—
(A) an offense described above
(B) a State offense—
(i) involving a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) for which the maximum penalty is not less than 5 years’ imprisonment; or
(ii) that is a felony crime of violence that has as an element the use or attempted use of physical force against the person of another;
(C) any Federal or State felony offense that by its nature involves a substantial risk that physical force against the person of another may be used in the course of committing the offense; or
(D) a conspiracy to commit an offense described (A) (B) (C)