If being friendly with gang members is an element in establishing gang affiliation, a skilled attorney can argue that you do not take part in your neighbors’ gang affiliation and do not promote gang activity. tit. Some states have aggravated charges if it can be proven you did it while a member of a criminal gang. The contents of this website may contain legal advertising. All rights reserved. Additionally, state and federal law enforcement maintain gang member databases, so that law enforcement can more easily determine if a suspect, arrestee, or detainee is a current or former gang member. Perhaps you know gang members simply because they live in close proximity to you. If you would like to find out more information about your particular legal matter, contact our office for a free telephonic consultation. Three Los Angeles police officers are facing charges of obstruction of justice and filing false police reports and evidence.Officers Braxton Shaw, Michael Coblentz and Nicolas Martinez each face one count of conspiracy to obstruct justice, and multiple counts of filing false police reports and preparing false documentary evidence, according to a 59-count criminal complaint filed by the district attorney's office.The officers are accused of falsifying identities and information, some of which would be used to enter individuals into a state gang database, "In some instances, the defendants are accused of writing on the card that a person admitted to being a gang member even though body-worn camera video showed the defendants never asked the individual about their gang membership," the statement says, while in other instances, "the defendants allegedly wrote on the card that a person admitted to being a gang member despite the fact the person interviewed denied a gang affiliation. To fight the gang problem, a majority of states have gang enhancements that can be applied to other criminal charges that will typically make the punishment, if convicted, stricter. Second-degree felony charges without the enhancement — which increases penalties for “offenses committed in concert with two or more persons or in relation to a criminal street gang” — usually come with a sentence of 1 to 15 years. tit. Multiple protesters, reportedly affiliated with Black Lives Matter according to the Associated Press , were charged with felony criminal mischief for splashing red paint and smashing windows during a protest. California law, through the STEP Act, punishes gang members more harshly … A skilled criminal defense attorney may be able to prove that your crime was not gang-related in any manner and that you should not be punished with a gang affiliation enhancement.If you have been arrested or charged with a crime and are facing a sentence enhancement due to gang affiliation, you need to hire Wallin & Klarich immediately. The person that tried … My brother was convicted of second degree murder in Los Angeles County. The way the package was organized and presented to the presiding judge was very impressive to me. Penalties and jail time are greater just because the crime is considered to have been “gang-related”.
The transmission and receipt of information contained on this website, in whole or in part, or communication with The Law Office of Peter Blair via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient. The list of crimes which can classify an organization as a criminal street gang is long, and includes the following:The Step Act provides that if you engage in any of the above crimes as a gang member or associate, or help a gang engage in those crimes, you can be sentenced for the crime, and receive an additional sentence because you helped or are affiliated with a street gang. The department is committed to continuing this comprehensive investigation in our effort to restore the confidence of the people we protect and serve," Police Chief Michel Moore said.The department said Friday in a statement that it is investigating 21 more officers regarding field identification cards.Of the 21 officers, 10 are assigned to home, eight are assigned to administrative duties, five remain in the field and one has retired. Copyright © 2020, Thomson Reuters. "Public trust is the bedrock of community policing and these allegations shake that foundation. REF: My lawyer showed me the sentencing ranges for my state; aggravated include gang affiliations, child/elderly involved, body armor worn at time, etc. No matter your circumstances or the nature of the accusations made against you, we will treat you with the dignity and respect you deserve.The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. Gang affiliation is an enhancement that prosecutors can add to a criminal charge. California law, through the STEP Act, punishes gang members more harshly than those who commit a crime without gang ties.In some cases, it is not easy to bring a legal defense against a gang crime. An experienced criminal defense attorney may file a change of venue motion to ensure that the jury is not prejudiced by a California Penal Code Section 186.22 charge of gang affiliation.Yes, you could be. § 856.3. While we are not privy to all the facts that make up the District Attorney's case, the LAPD's national model on police accountability and rigorous internal investigative processes is on full display with regards to this incident," the Los Angeles Police Protective League said in a statement.Prosecutors said that if convicted on all counts, Shaw faces up to 31 years, eight months in prison; Coblentz faces up to seven years, eight months; and Martinez faces up to four years, four months.One officer was relieved of duty in January and is scheduled to face a panel to decide on his removal, the police department said. Some appeal courts have held that you must act with gang members when you commit a crime, while others have held that if you are a gang member or associate, and two of the elements of 186.22(a) have been satisfied, then the assisting felonious conduct element can be satisfied even if you are acting alone when you allegedly commit a felony crime.This is one important example of why it is crucial to have an experienced and skilled criminal defense attorney who can argue on your behalf, if you are charged with a California Penal Code Section 186.22 offense.Penal Code 186.22(a) is a wobbler, which means it can be charged as a felony or a misdemeanor.If you are convicted of misdemeanor violation of PC 186.22(a), you could face up to 364 days in county jail, and the law specifies that you have to serve at least 180 days in jail, if you are convicted, followed by a period of probation.If you are convicted of a felony violation of PC 186.22(a), you could face 16 months, two, or three years in prison.In order to add the sentence enhancement, you must be convicted of a felony crime, and the prosecution must also prove beyond a reasonable doubt that all of the elements of the sentence enhancement are true:You can receive the 186.22 (b) sentence enhancement for any felony crime you are convicted of, provided the prosecution can prove the other elements of the sentence enhancement.
But our shock turned into horror when he was charged with felony arson.