Participating in a criminal organization is a serious violation in the eyes of the federal authorities. Prosecutors could try to file charges against you in accordance with one of the federal gang statutes of the United States, regardless of your level of membership in the group.
Your affiliation with the gang may result in additional punishments in addition to the accusations you already face for the primary infraction (i.e., drug crimes). Keep reading to learn more and then contact Chambers Law Firm at 714-760-4088 if you require help from a federal defense attorney in California.
Which federal gang laws apply?
Under federal law, joining a street gang that engages in illegal activity can have serious repercussions. Gang members could be prosecuted for the original crime as well as extra charges specific to being part of an organized gang.
Although they can function on a national scale, organized criminal groups mostly operate in small communities. Their actions may be investigated locally in a federal tribunal under numerous federal legislation.
A criminal street gang is defined by the United States Department of Justice (DOJ) as three or more individuals who identify as a group in order to foster an atmosphere of fear or intimidation. Their main job is to take part in criminal activity and use intimidation or violence to advance their illicit ends.
Local city street gangs, organized crime groups, motorcycle gangs, state and federal prison gangs that frequently operate within a jail, such the Mexican Mafia and the Aryan Brotherhood, are just a few of the criminal organizations that exist in the United States.
What is the federal law’s definition of gangs?
A person’s involvement in a criminal street gang is determined by the following standards: the gang has at least five members, one of its main purposes is to commit crimes, and over five years have passed with no cessation of criminal activity by gang members.
Many organizations could be classified as a “gang” by the federal government
Federal violent crimes including use of physical force and Federal drug offenses impose sentences of at least five years if their illegal actions have an impact on interstate or international trade.
This concept permits a broad range of organizations to be labeled as gangs. The majority of them operate on a local level, however certain criminal gangs are known to work on a much wider scale. According to federal law, the following organizations qualify as criminal gangs: organized crime organizations, international street gangs, local street gangs (typically involved in the sale of illegal substances), motorcycle gangs, prison gangs, the Mafia, White supremacists, and Mexican drug cartels are just a few examples.
If you are facing federal charges of any kind, contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
