Norwalk Gang Crime Lawyer

Norwalk Gang Crime Attorney

Being charged with gang-associated criminal activity can negatively impact your criminal record and future. If you have been charged with a serious gang crime, you may think your case cannot be disputed. However, with the help and experience of a Norwalk gang crime lawyer from Gibbons & Gibbons, you can boost your chances of achieving a favorable outcome.

What Is Classified as a Gang Crime?

A criminal street gang is an organization (defined as a group of at least 3 people) that engages in criminal activity. The FBI estimates that there are 33,000 gangs criminally active across the United States.

Due to the overwhelming amount of gang crime in California, the state has more laws related to gang activity than any other state in the U.S. This fact, paired with the presence of specific gang units, encourages arrests and investigations from local law enforcement. With such a powerful and multi-faceted system working against perpetrators of gang activity, it is crucial to have the knowledge and support of a criminal defense lawyer on your side.

Some crimes that are often associated with gang activity include, but are not limited to, the following:

• Robbery
• Carjacking
• Drug crimes
• Illegal possession of a firearm
• Shooting from a vehicle
• Rape
• Torture
• Mayhem and aggravated mayhem
• Witness intimidation

It is important to remember that even charges for the most violent crimes can benefit from a strong legal defense. Regardless of the severity of the charge, a criminal defense lawyer can help you.

Gang Enhancement and How Prosecutors Can Prove It

If a prosecutor can prove beyond a reasonable doubt that the crime you committed was related to gang activity, sentences may be enhanced. This is known as gang enhancement. To achieve a gang enhancement, therefore bolstering your sentence, a prosecutor must prove:

1. The individual was an active member of a street gang.
2. They were aware of a pattern of criminal activity being perpetuated by the gang.
3. They intentionally aided in the gang’s criminal activity.

Prosecutors do not always seek gang enhancements when there is gang activity present. They might be incentivized to charge an individual with gang activity and then seek a gang enhancement to maximize the penalties they face. However, gang enhancements can be disputed by a capable criminal defense attorney.

Potential Penalties for Committing Gang Crimes

Gang enhancement is an additional measure placed upon criminal charges. For example, if an individual conspired with other members of their gang to commit a crime, they would also be charged with conspiracy.

However, offenses in California have sentences that are specific to each crime. It is impossible to determine what your sentence will be without discussing the facts of your case. Crimes in California are typically sorted into three different classifications, which are:

• Infractions
• Misdemeanors
• Felonies

In some cases, a crime can fall into two different adjacent classifications. Its new classification, and consequently the sentence that follows, would be dependent on its severity. A gang enhancement could be the difference between being charged with a misdemeanor or a felony.

How We Defend Against a Gang Crime Charge

A criminal defense lawyer can defend an individual against gang crime charges in several ways. Your defense should be specific to the details surrounding your charge, but it can include arguments from an attorney that:

• You did not commit the crime you were accused of.
• There is insufficient evidence that you are involved in gang activity.
• You have no affiliation with a gang.

A criminal defense lawyer can examine the facts of your case and weigh the potential options for defense. They can work to minimize any legal punishment while protecting you from a highly capable judicial system.

Due to the extensive efforts by the state of California to combat gang activity, this can be difficult to accomplish without the support of an attorney. Many law enforcement agencies receive funding that pertains exclusively to investigating potential gang activity. Disputing these agencies and prosecutors by yourself may result in unfavorable repercussions.

FAQs

What Is the New Gang Law in California?

In 2022, new requirements were added to the sentencing of gang crime in California. These requirements are specific to gang enhancements and affect how they can be applied to charges in which gang activity has not yet been proven. These requirements (AB 333) were added due to the overwhelming damage that marginalized communities were facing because retroactive gang enhancements were being placed on them.

How Much Does a Criminal Defense Lawyer Cost in California?

Criminal defense lawyers do not follow one particular method of pricing across California. Costs and payment arrangements for criminal defense lawyers are decided by each lawyer. They are dependent on how much intensive work is required for the case. Factors that prolong a case, like potential trial dates, can also dictate higher attorney fees.

What’s the Most a Lawyer Can Charge?

There is no maximum that a lawyer can charge in Norwalk, California. Typically, a criminal defense lawyer charges an hourly rate, although other factors can influence the overall cost of legal representation.  It is important to remember that the legal outcome of your charge can cost you more than if you had an attorney advocating for you.

Does California Still Have a Gang Problem?

Yes, California still has a large level of gang activity. To combat this, California also has the largest number of gang-related laws. However, it has also established specific programs to educate individuals who are at risk of recruitment or targeting by gangs. Gang activity is not specific to California. However, the prevalence of gang activity within the state warrants more specific laws and regulations.

Contact Gibbons & Gibbons for Experienced Gang Crime Defense

Involvement in gang activity does not disqualify you from receiving strong and reliable advocacy for your case. If you or a loved one has been charged with crimes related to gang activity, contact a Norwalk gang crime lawyer at Gibbons & Gibbons immediately to schedule a consultation. Together, we can build a defense and advocate for your needs and rights.