All criminal charges are serious, but gang crime charges can be especially intimidating. However, you do not have to face them alone. An experienced Oakland gang crimes lawyer could be an effective part of your strategy in defending against those charges.
Although gang charges can result from being actively involved in a gang, they can also result from being in the wrong place at the wrong time. No matter the reason you may be facing these charges, an Oakland gang crimes lawyer knows that you still have rights that need to be protected.
Criminal actions such as theft, assault, kidnapping, and murder are all punishable through the criminal justice system. When those crimes are committed in relation to gang involvement, they may be charged as gang crimes as per California Penal Code 186.22(b) PC. This generally means that the person facing the charges faces enhanced penalties.
The first thing that the state must prove when it comes to gang crimes is that the individual being accused was involved in a gang. Generally, a group is considered a gang when:
One important aspect of defining a gang, as above, is that the association between the group of people can be formal or informal. In other words, the group can actively aim to be a gang or they can simply qualify as one by default if they meet this often-subjective definition.
To be charged with gang crimes, the criminal activity in question must be committed in furtherance of the gang’s alleged purpose. That is, it must be done to benefit the gang in some way. Therefore, even individuals who are not actively part of a gang but who allegedly commit a crime for the benefit of that gang or at that gang’s direction can face gang crime charges.
The state takes gang crimes very seriously. As part of the state’s approach to curbing gang-related violence, the legislature had enabled heightened sentencing for gang crime convictions. Under California Penal Code 186.22(b) PC, a person can receive an additional two to 10 years for allegedly committing a gang crime, depending on the severity of the alleged offense. The exact amount of time is generally left to the court’s discretion.
The exact consequences a person may face are heavily dependent on the details of the alleged crime. There may be other important factors that play a role, such as the use of a weapon or the existence of a criminal record. A capable Oakland gang crimes lawyer who has worked with individuals facing these charges could help anyone facing these charges understand more about what is at stake in their case.
There is a great deal on the line when it comes to facing gang crime charges. Many offenses can result in extensive prison sentences and heavy fines in addition to creating or adding to a criminal record.
That criminal record can follow you for a lifetime, therefore it is important to understand the charges against you as well as your rights and how to assert them. Working with an experienced legal advocate who understands important nuances in the law and how they may apply to your case may be an integral part of your defense strategy.
If you are facing gang crime charges, time may be of the essence. The sooner you start advocating for your rights, the more beneficial it may be for you. Contact an adept Oakland gang crimes lawyer who could work with you in exploring your options.
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
