San Jose Gang Crimes Attorney
California aggressively prosecutes gang activity, and San Jose is no different. In 1988, the state passed the Street Terrorism Enforcement and Prevention Act (STEP Act), which is codified in Section 186.22 of the California Penal Code. This Act provides for sentencing enhancements to any felony charge when committed as part of a gang. Further, defendants can face criminal prosecution for uniquely gang crimes.
Call Knight Law today if you are facing any gang-related charges. Prosecutors have caused a mass incarceration crisis by using these laws, and you need an aggressive gang crimes lawyer to defend you. In a free case evaluation, we can listen to you describe your arrest and the circumstances surrounding the crime. Then we can discuss possible defenses, as well as the penalties you might face.
Common Charges We Defend Against
Many of the most common gang-related charges include:
1. Section 186.22(a) PC. Participating in a criminal street gang is illegal. You can face felony or misdemeanor charges.
2. Section 186.22(b) PC. This is the enhancement for gang participation. You might face felony charges, such as aggravated assault. If you committed the crime for the benefit of or in association with a gang, then you can face an additional 10 years in prison as an enhancement.
3. Section 182.5 PC. If you plan or agree to commit a crime as part of a gang, then you can face criminal charges under this section.
These are only a sample of the crimes that alleged gang members face. Prosecutors charge many others with assault, aggravated assault, battery, and drug or weapons charges.
Challenges for Defendants in These Cases
We won’t minimize the reality: beating a gang-related criminal charge is tough. Prosecutors and the members of the public fear gang-related activity, so it’s an uphill climb to get a fair shake from the criminal justice system. Some prosecutors and judges assume young men of color are in an organized gang when that’s not the case. You could face enhancements for no valid reason.
Knight Law will use all our experience to advocate for clients. Many people get caught up in gang activity without knowing it. Maybe an older cousin or uncle is in a gang and asks you to participate in a drug run or gang fight. Before you know it, you are facing felony charges and years behind bars for a simple mistake of judgment.
We defend these cases by zeroing in on the evidence that you were aware of the gang affiliation and were involved in the crime. Often, the evidence is inconclusive. What’s more, the police often violate the rights of alleged gang members, failing to read Miranda warnings, for example, or seizing evidence without the necessary probable cause or warrant. We can ask a judge to suppress evidence gathered in violation of your rights.
Call Us Immediately for Expert Criminal Defense Help
Knight Law built its reputation providing zealous criminal defense to members of the San Jose community. We are not afraid to hold the state to its burden of proof. Contact us to schedule your free consultation.
