Definitions vary depending on jurisdiction, but gangs are usually defined as associations or organizations with more than three people, whose main activities are illegal. Gangs must have a name, a symbol or sign, and a membership that engages in a pattern of crime.
Is it Illegal to be a Gang Member?
It’s not illegal to be a gang member, in the strictest sense, but many states have laws deterring gang activity. For instance, many states have loitering laws, which prevent gang members from gathering in the street. Conspiracy is illegal, and anyone planning to commit a crime with someone else can be found guilty.
Gang Enhancement :
In many places, there are harsher penalties for crimes committed by street gangs. If a person is a gang member and commits a crime, they can face additional prison time of up to ten years. For a defendant to face enhanced charges, prosecutors must prove that the person was an active participant, that they knew that the other gang members committed crimes, and that the defendant aided the gang. A Criminal Lawyer in Chicago can tell you more about Illinois’ gang enhancement laws.
Gang Enhancement Defenses :
Criminal lawyers use various defenses to deny that their clients are affiliated with gangs. These defenses include:
- Profiling -; Police sometimes regard certain ethnic groups as more likely to be gang members.
- Fallacy by association -; A defendant might know someone in a gang, but that doesn’t mean they’re a member.
- Crimes not committed because of the gang -; A defendant might be a gang member, but their crimes may not have been committed because of the gang. The charges must be gang-related for the enhancement to apply.
- Defeat of underlying felony -; If the defendant is acquitted, gang enhancements are negated.
Gang Membership and Terrorism :
In NY, a gang group was arrested under the state’s anti-terrorism laws because they “intended to coerce or intimidate civilians”. NY’s anti-terrorism laws provide for stiffer penalties for crimes that are considered terrorism.
I’m Facing Gang Related Charges. Do I Need an Attorney?
If you are accused of a gang related crime, you should call John Fitzgerald Lyke Jr. right away. A Criminal Lawyer in Chicago can tell you about your legal rights, put together an effective defense, and help you navigate the complex legal system.
