If you are facing gang enhancement charges, your criminal defense attorney must attack the claims presented against you by the state of California in order to fight gang enhancement charges. The following are some of the defenses we can employ. If you have questions, contact Chambers Law Firm at 714-760-4088 to request a case evaluation with an experienced California defense attorney.
Showing that there was no underlying criminal activity
The prosecutor must now prove that you are guilty of an underlying offense independently under the new statute. Only if you actually committed the crime are you susceptible to the gang enhancement statute. They must show that all of the components of the offense were present beyond a reasonable doubt. Your criminal defense lawyer in California will work to prove that you did not commit the underlying crime and so are not eligible for a gang enhancement.
You don’t have a history of gang-related criminal activity
The prosecution must show that you and other gang members engaged in a pattern of criminal gang behavior together. They are unable to include the current charges in that pattern. As a result, they’ll have to present evidence that you’ve committed other crimes alongside other gang members. We will work to exclude (or suppress) any evidence that the prosecution may use in this regard, demonstrating that they are unable to achieve this requirement.
You didn’t help a gang
The burden of proof is on the prosecution to show that your acts benefited a criminal street gang. We can refute their claims by demonstrating that they are false. Witness testimony and other evidence may be used to show that your activities did not profit or help a street gang.
You are not a member of a gang
The prosecution used to build a relationship between the defendant and gang members based on reputational ties under the old gang enhancement rule. For example, if a defendant was related to a gang member and lived in the same neighborhood, the prosecution might claim that the defendant was a gang member as well. Under the new gang enhancement rule, these reputational ties have been broken. The prosecution now has to show that your relationship is more than just a matter of repute.
Contact an attorney to learn about the best defense options for your specific case
The best defense option for you will depend on the specifics of your case, your criminal background, and other factors. The best way to know what your best defense is involves contacting Chambers Law Firm at 714-760-4088 for a free legal consultation. Call today and let us help you fight these charges.