If prosecutors can prove that a killing was gang related, the sentence for a murder conviction can be increased.
Murder is one of the most serious crimes in California criminal law. According to a murder defense lawyer Los Angeles CA, if you are convicted of first or second-degree murder, you could be facing a sentence ranging from 15 years in California state prison to life without parole — or even the death penalty. But there is a way that a murder charge can be even more significant under California law: with the gang enhancement.
California lawmakers have long believed that gangs are a threat to public safety. As a result, they have enacted a special sentencing enhancement that allows prosecutors to charge defendants with a gang-related killing, in addition to a murder charge. If a person is convicted of a street gang enhancement, then he or she will be subject to an additional minimum 15 years to life prison sentence on top of whatever sentence he or she receives for the underlying murder conviction.
A prosecutor can add a street gang enhancement anytime that a homicide is potentially gang-related. The prosecutor must then prove that the murder was committed:
- At the direction of;
- For the benefit of; or
- In association with a criminal street gang.
Adding this charge — even if there is not direct proof that a killing was carried out for a gang — gives a prosecutor several advantages. First, a prosecutor can seek a higher sentence for a defendant and improve his or her negotiating position. Second, and more importantly, according to a murder defense lawyer Los Angeles CA, the prosecutor can introduce evidence of gang activity to the jury. This means that the prosecutor can put on evidence about the gang and of the defendant’s affiliation with a gang. Any testimony or other evidence that is introduced about a gang can be highly prejudicial to a defendant in a criminal case, as it may make a jury believe that he or she is guilty of the killing just because of a possible connection to a gang. That is why it is so vital to have a murder defense lawyer Los Angeles CA who understands these types of tactics, and who can aggressively defend against these suggestions.
There are potential defenses to gang enhancement charges. As an initial matter, your murder defense lawyer Los Angeles CA can zealously fight the underlying murder charges — because if you aren’t guilty of the crime, then you can’t be guilty of the enhancement. Your attorney can also prove that you are not an active participant in a gang. Alternatively, even if you were an active participant in a gang, your murder defense lawyer Los Angeles CA can demonstrate that you were not acting at the direction of, for the benefit of or in association with a gang. The specific defenses to be used will depend on the facts of your case.
The Chambers Law Firm offers high quality representation to clients who have been charged with murder in Los Angeles and the surrounding areas, including those who are facing a gang enhancement. We will aggressively defend our clients from all charges, and work tirelessly to secure the best possible outcome. Contact our firm today at 714-760-4088 or dchambers@clfca.com to speak to a murder defense lawyer Los Angeles CA.
