In three ways, committing a criminal on behalf of a gang can result in serious punishment. First and foremost, you will be prosecuted for the crime you committed on behalf of the gang.
Second, either under the California STEP Act or the federal “Criminal Street Gangs” act, you will face sentence increases. You might face an extra ten years in prison under federal law and anything from two to 25 years to life under STEP, depending on the sort of offense you are charged with.
Third, you might be charged separately for your gang involvement under one of several statutes. Keep reading to learn more about gang crime charges in California and then contact Chambers Law Firm at 714-760-4088 if you require a free legal consultation.
Gang involvement statutes
You could potentially be charged separately for gang involvement under one of the following statutes:
- California STEP Act. Participating in a gang and aiding with offences can result in an extra 1 to 3 years in prison, in addition to any other sentencing enhancements.
- California Control of Profits of Organized Crime: This statute allows you to be forced to relinquish your profits if you commit two or more offenses for financial benefit.
- RICO Act. Individuals who have committed or conspired to commit two or more RICO offenses for a criminal enterprise or street gang are subject to the RICO Act. A conviction can result in a sentence of up to 20 years in jail or, in certain circumstances, life in prison, as well as penalties of up to $250,000.
- The VICAR Act provides for up to 30 years in jail and penalties of up to $250,000. Committing a violent crime as a gang initiation or a method of advancing in a criminal organization can result in up to 30 years in prison and fines of up to $250,000. If the offense was murder, the punishment might be life in prison or the death sentence.
- If you are a leader of a drug operation or if you murder someone while engaging in or evading arrest for certain drug-related acts, you may be tried under the Kingpin Statute. Penalties include life in jail or the death sentence, as well as penalties of up to $4 million.
Because all of these crimes can be applied independently and consecutively, you will face significantly worse punishments than a non-gang member. You require the services of a gang crimes lawyer who is familiar with the law and can assist you in ensuring that you are handled properly.
Contact Chambers Law Firm at 714-760-4088 now if you require a free legal consultation with an experienced criminal defense attorney.
