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If law enforcement officers are accusing you of gang activity, you need to take immediate steps to protect your rights. Defenses may be available in your case that could help eliminate or minimize your exposure to criminal liability. Contacting a criminal defense attorney could be the first step toward safeguarding your freedom. An Almeda gang crimes lawyer could collect important mitigating evidence and negotiate with prosecutors to secure a plea deal or another advantageous decision. En Español.

Gang Participation in Alameda

Under California Penal Code § 186.22, it is illegal to actively participate in a criminal street gang with the knowledge that the gang has engaged in a pattern of criminal gang activity. To violate this section, the individuals must knowingly promote, further, or assist in any felonious criminal conduct by the gang.

Gang participation can be a misdemeanor, punishable by up to one year in county jail. However, this offense could also be a felony, which can result in a prison sentence of 16 months, two years, or three years, depending on the circumstances. Consulting a gang crimes lawyer in Alameda in this situation may be wise, as the penalties for participating in a gang can be substantial.

Defining Criminal Gang Activity and Street Gangs

State law defines a pattern of criminal gang activity as the commission of two or more specified crimes within three years on separate occasions by two or more persons. Not only does this definition include the commission of crimes, but also the attempted commission, conspiracy to commit, or solicitation of the specified crimes. Some of the criminal offenses enumerated in the statute include:

This code section lists various other criminal offenses, as well, all of which are felony offenses. These offenses include multiple gun-related crimes, grand theft, and distribution of controlled substances.

Criminal street gangs refer to groups of three or more persons who have the commission of the illegal acts as one of its primary objectives. This definition also requires that the gang members, either individually or collectively, engage in a pattern of illegal gang activity. A gang must also have a common name, sign, or symbol.

Committing a Felony as a Gang Member

Individuals can face enhanced sentences for felony convictions if evidence shows that they committed the offense to benefit, as directed by, or in association with a gang. This section also requires that the accused persons have a specific intent to promote, further, or assist in any criminal conduct by gang members. In addition to the punishment that they receive for the underlying felony, these individuals also may receive a sentence enhancement of an additional two, three, or four years.

Various other enhancements exist for gang-related crimes that require minimum terms of incarceration and restrictions on the ability to seek parole. In some cases, gang-related criminal convictions can yield a life prison sentence. Seeking the advice of a gang crimes attorney in Alameda in this situation may be crucial to avoiding protracted terms of incarceration.

Call an Alameda Gang Crimes Attorney for Help

Hiring an Alameda gang crimes lawyer could be critical to the outcome of the charges that you are facing. Gang affiliations or gang-related activities can result in greatly enhanced sentences under state law. To avoid or reduce the potential for receiving these harsh sentences, securing legal advice and guidance may be essential.

By enlisting the services of legal counsel, you may be able to successfully disassociate yourself from gang activities and minimize your criminal liability. Contact an experienced attorney today.

Top-Rated Criminal Defense Lawyers Serving the Bay Area

The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.

We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.

As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.

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Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.

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When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.

From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.

We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.

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