Los Angeles Gang Crime Lawyer

Los Angeles Gang Crime Attorney

Los Angeles has a long history of gang-related activity, and law enforcement and prosecutors take gang-related crimes very seriously. As these cases are often aggressively pursued, individuals can receive severe penalties and sentence enhancements under California law. If you are facing charges for a gang-related offense, it’s crucial to work with a skilled Los Angeles gang crime lawyer who can defend your rights and fight for a fair trial. For broader support in criminal cases, consulting a Los Angeles criminal defense attorney can provide comprehensive legal assistance tailored to your needs.

At the Law Offices of James E. Silverstein, our empathetic and highly experienced criminal defense team is here to provide you with crucial legal representation and guidance during this difficult time. We offer consultations in which we can discuss the charges against you and potential legal strategies moving forward. Together, we can fight back against your charges, striving toward optimal case outcomes that minimize or even eliminate penalties.

An Overview of Gang-Related Criminal Cases in Los Angeles

In California, gang-related crimes involve offenses that are carried out to the alleged benefit, promotion, or furthering of a criminal street gang’s interests. Such charges can involve different types of offenses, including:

• Drug crimes. Drug crimes include the sale, manufacturing, or distribution of controlled substances. Penalties depend on the drug type and amount involved.
• Violent crimes. Violent crimes, such as assault, battery, murder, or robbery, can be linked to gang-related criminal charges.
• Property crimes. Property crimes, such as vandalism, arson, and burglary, may have increased penalties if they are found to be linked to gang activity.
• Weapon-related crimes. The illegal use, possession, or sale of firearms or other weapons can commonly be linked to gang-related criminal charges.

Gang-related crime cases can also involve conspiracy, which can be charged even if the actual crime is never carried out. Conspiracy involves coordinating or planning crimes with other gang members or to the benefit of a gang. The California Street Terrorism Enforcement and Prevention (STEP) Act calls for enhanced penalties if individuals are found to have committed crimes that are linked to gang activities.

Understanding Gang Enhancements

Prosecutors can seek to add gang enhancements to charges under the STEP Act. This adds time to an individual’s sentence if prosecutors can prove a crime was related to a gang. Evidence typically used by the prosecution to prove gang-related activity includes symbols, clothes, or tattoos linked to gangs, showing association with identified gang members, and referencing social media posts that suggest gang affiliation.

A knowledgeable Los Angeles gang crime attorney can challenge the evidence against you and argue against having gang enhancements applied to your case.

Penalties of a Conviction of a Gang Crime in California

In Los Angeles and all of California, gang-related crimes come with severe penalties. Individuals who are convicted can be sentenced to significantly longer prison terms and suffer financially from having to pay exorbitant fines. Furthermore, penalties such as gang injunctions can restrict who you are allowed to associate with, what you can do, and where you can go.

Having a gang crime conviction on your criminal record can greatly alter the course of your life, barring you from housing, employment, and educational opportunities. Furthermore, if your gang-related crime is prosecuted on the federal level, you could face even more severe penalties.

The Restrictions of Gang Injunctions

A gang injunction is a civil court order that prohibits an individual from engaging in a specific activity or associating with certain individuals. Although a gang injunction is not a criminal conviction, it can place significant restrictions on an individual’s freedom and right to move around.

Restrictions associated with gang injunctions can commonly include a prohibition on wearing certain patterns or colors, bans on communicating with or being in the presence of identified gang members, and restrictions on where you can go and how long you are allowed to be out of your home. Violations of gang injunctions can lead to criminal charges.

If you have a gang injunction against you, a Los Angeles gang crime lawyer can work to challenge your injunction, ensuring that it does not unnecessarily infringe on your rights. They can also help you maintain compliance.

How a Los Angeles Gang Crime Lawyer Can Help You Fight Your Charges

It can be daunting to face gang-related charges, and a knowledgeable attorney from our firm can make all the difference in your case. We can work closely with you to look into the details of your case, scouring over all evidence, including police reports and documents presented by the prosecution.

Based on the facts uncovered, we can work to leverage a variety of criminal defense strategies, including the following:

• Showing a lack of gang affiliation. We can present evidence to show that you have no association with any gangs. Evidence to support your case can include witness testimony, records of social media activity, and records of communication.
• Proving unlawful search and seizure. If an attorney from our firm finds that your Fourth Amendment rights were violated during the search and seizure process, we can work to get this evidence suppressed. In some cases, successfully proving unlawful search and seizure can lead to charges being completely dropped.
• Arguing insufficient evidence. Our skilled legal team can work to show that the evidence brought forward against you is not accurate or sufficient enough to prove your activities were related to a gang beyond a reasonable doubt.
• Proving mistaken identity. We can bring forward crucial evidence, such as photos and video footage, to show that you had no involvement in the alleged crime.

By challenging the credibility of the evidence against you or presenting evidence to show the alleged crime was not carried out to benefit a gang, an attorney from our firm can fight against gang enhancement measures in your case. Depending on your specific case details, your attorney may recommend negotiating with prosecutors to reduce charges or avoid enhancements in exchange for a plea if it is a favorable option.

Should your case end up going to trial, your attorney can bring forward comprehensive evidence, cross-examine witnesses, and fight to create reasonable doubt that you committed the crime in the minds of the jury.

FAQs

Q: How Are Gang Crimes Prosecuted in Los Angeles?

A: In Los Angeles, gang crimes are aggressively prosecuted and often come with enhancements under California’s Penal Code. Under this legal framework, if a crime is considered to be gang-related, penalties can be increased. A knowledgeable attorney can work to get your charges reduced or eliminate gang enhancements by securing a plea agreement for lesser penalties or calling the evidence brought forward by the prosecution into question.

Q: What Is a Gang Enhancement in California?

A: In California, a gang enhancement is an additional penalty that is assigned for offenses that are considered to have benefited, promoted, or furthered the interests of an unlawful street gang. California gang enhancements tend to further marginalize communities of color and those with lower socioeconomic status, placing people in these communities at a disadvantage.

An experienced criminal defense attorney can fight for justice in your case, working to combat discriminatory practices that all too commonly come with gang enhancement penalties.

Q: How Can a Gang Crime Lawyer Challenge a Gang Enhancement?

A: A gang crime lawyer can challenge a gang enhancement by presenting evidence to show that the crime in question was not related to gang activity in any way. Furthermore, they can challenge the validity or adequacy of the prosecution’s evidence showing gang affiliation, as well as call into question any testimony given by law enforcement that attempts to link the defendant’s actions with gang activity.

Q: What Are the Penalties for Gang-Related Crimes in Los Angeles?

A: Penalties for gang-related crimes in Los Angeles can include enhanced prison sentences, additional fines, and gang injunctions that can place restrictions on who you can associate with and your activities. Being charged with a crime that is linked to gang activity can significantly extend your prison sentence. It is crucial to work with a skilled lawyer who has an established track record defending cases similar to yours.

Q: Can I Be Charged With a Gang Crime if I Am Not a Gang Member?

A: Yes. Unfortunately, even if you are not a gang member, you can be charged with committing a gang-related crime. Such instances can arise if law enforcement or prosecutors believe that you carried out a crime that led to the benefit of a gang, even if you are not an explicit member. By working with a knowledgeable criminal defense lawyer, you can work to disprove any allegations against you.

Secure the Legal Guidance You Need With a Los Angeles Gang Crime Lawyer

If you have been charged with a crime that is linked to gang-related activity, you could be facing enhanced penalties that could change the course of your life. It is crucial to work with an experienced Los Angeles gang crime lawyer who can help you immediately defend your rights and launch a robust defense strategy to protect your reputation in the future. Contact a skilled attorney from the Law Offices of James E. Silverstein today.