While lawful association is protected action, any crimes related to gang activity are not. The California legislature has affirmed that while people may exercise their freedom to affiliate with a gang, they may still not commit crimes, violent or otherwise, on behalf of the gang. If you have been accused of gang association or a related crime, or are concerned about facing an accusation related to gang crimes, it may be beneficial to enlist the services of a Dublin gang crimes lawyer.
An aggressive criminal defense attorney could help you defend your reputation and freedom by working to build the strongest defense possible. The state of California views gang violence as a pressing issue and treats any accusations of gang association as a serious matter, with severe penalties and lengthy sentences for those convicted. By helping collect evidence and building a strong defense against accusations of wrongdoing, a meticulous attorney can help fight the charges from the beginning.
Dublin has made it a crime to participate in a street gang, this even includes knowing about or promoting gang activity, under CA Penal Code Sec. 186.22(a). Simply participating in a gang by knowing about the crimes they commit and not doing anything about it could result in a jail sentence of up to three years.
However, if someone commits a felony in association with a gang, charges could greatly increase. Depending on the felony, a person could face enhanced sentencing on top of the felony punishment for their involvement in a gang. These additional punishments are based on the level of the alleged felony.
Found in CA Penal Code Sec. 186.22(e), violent felonies related to a gang could add up to ten years to a sentence, while other felonies may add up to five years. Any other felonies could add between two and four extra years. Applying these additional sentences is at the discretion of the court.
Dublin has also made it illegal to engage in any activities that could constitute a pattern of gang activity, found in CA Penal Code 186.22(e). This includes carrying out or planning to carry out various illegal actions within three years of a previous offense. These crimes are generally committed at different times and by two or more people.
In order to convict a person of a gang crime, the prosecutor must prove each element of the crime occurred as they claim. Dublin gang crimes lawyers could help demonstrate that someone had not participated in a gang, the actions committed were not meant to benefit the gang, or that a sentence enhancement is being applied improperly. In many cases, a well-studied gang crimes attorney will lean on similar court proceedings where the court chose not to enhance a sentence or convict an accused person.
Since gangs are viewed as a burden by California law, gang association accusations could damage a person’s reputation. If you face accusations of being involved with a gang, it is vital to mount the strongest defense possible to protect your rights and liberty.
Fortunately, a knowledgeable attorney familiar with the local laws and court procedures may be able to help you. If you find yourself facing charges, reach out to a Dublin gang crimes lawyer for a free consultation today to explain your situation and learn how an attorney could help protect you.
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.
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.
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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Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
