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If you or a loved one are facing gang-related charges in Chula Vista, you need a criminal defense attorney who understands the complexities of these cases and knows how to fight back against aggressive prosecution tactics.
At David P. Shapiro Criminal Defense Attorneys, we have extensive experience defending clients accused of gang crimes and enhancements. We’re here to protect your rights, freedom, and future.
California Penal Code 186.22, also known as the Street Terrorism Enforcement and Prevention (STEP) Act, outlines the state’s gang enhancement laws. Under this statute, you can face additional penalties if you actively participate in a criminal street gang or commit a felony offense for the benefit of, at the direction of, or in association with a gang.
So, what exactly is a “criminal street gang” under California law? It’s defined as an ongoing organization or group of three or more people that:
A “pattern of criminal gang activity” means the commission, attempted commission, or solicitation of two or more specified offenses within a certain time frame. These offenses can include assault, robbery, drug dealing, and more.
If you’re convicted of a gang enhancement, you could face:
These enhancements are no joke – they can add significant time to your sentence and make it much harder to secure release on parole.
In Chula Vista and throughout San Diego County, we see a wide range of gang-related criminal charges. Some of the most common include:
No matter what specific charges you’re facing, if there are gang allegations involved, you need a skilled defense attorney on your side.
Just because you’ve been accused of a gang crime or enhancement doesn’t mean you’ll be convicted. There are many potential defenses your attorney can raise, depending on the specific facts of your case. Some common defense strategies include:
One way to fight back against gang allegations is to argue that the group in question doesn’t actually meet the legal definition of a criminal street gang. This could involve presenting evidence that the group doesn’t have a common name or symbol, that its primary activities don’t include the specified criminal acts, or that there’s no pattern of criminal gang activity.
Even if you’re accused of committing a crime, your attorney may be able to argue that it wasn’t actually gang-related. For example, if you got into a fight with someone who happens to be in a rival gang, but the fight was over a personal dispute unrelated to gang activity, you shouldn’t be subject to gang enhancements.
Gang cases often rely heavily on testimony from witnesses or informants who may have their own motives to lie or exaggerate. Your attorney can challenge the credibility of these individuals and argue that their statements shouldn’t be trusted.
If the police violated your constitutional rights in obtaining evidence against you, such as by conducting an illegal search of your home or vehicle, your attorney can file a motion to suppress that evidence. If successful, the prosecution may be left with a much weaker case.
In some cases, the best strategy may be to negotiate a plea deal with the prosecution. Your attorney can work to get the gang enhancements removed or reduced in exchange for a guilty plea to a lesser charge. This can help you avoid the most severe penalties and move forward with your life.
At David P. Shapiro Criminal Defense Attorneys, we’ll investigate your case and develop a defense strategy based on the facts and circumstances. We’ll work to achieve the best possible outcome, whether that means fighting for an acquittal at trial or negotiating a favorable plea bargain.
A conviction for a gang-related crime or enhancement can have far-reaching consequences that extend well beyond any prison sentence. Some of the potential collateral consequences include:
With so much at stake, it’s crucial to have a knowledgeable and experienced gang defense lawyer in your corner.
At David P. Shapiro Criminal Defense Attorneys, we understand the high stakes involved in gang cases. We know you’re worried about your future and your freedom, and we’re here to provide the representation you need.
When you choose our law firm to handle your case, you can expect:
We know that facing gang charges can be overwhelming, but you don’t have to go through this difficult time alone. Our attorneys will be by your side every step of the way, fighting for your rights and working to secure the best possible outcome in your case.
If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.
Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.
The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.
Here’s what you need to know to regain control of your future
You have questions. We have answers. Check out our answers to some of the more frequently asked questions (FAQs) below. Want more information or have a question not answered here about how you can regain control of your future if charged with a crime? Give us a call at (619) 295-3555.
Yes, you can face gang enhancements even if you’re not a formal member of a gang. The law applies to anyone who actively participates in a gang or commits a felony for the benefit of a gang, regardless of official membership status.
There are many potential defenses against gang charges, such as challenging whether the group meets the legal definition of a gang, disputing whether the alleged crime was actually gang-related, and raising doubts about the reliability of witnesses or informants. An experienced gang defense lawyer can identify the strongest arguments based on the facts of your case.
Gang enhancements can add significant time to your sentence, ranging from 2 years to life in prison, depending on the severity of the underlying offense. In some cases, gang allegations can also elevate misdemeanors to felonies.
Yes, gang cases involve complex legal and evidentiary issues that require specialized knowledge and experience. It’s crucial to have an attorney who understands the nuances of California’s gang laws and knows how to effectively challenge the prosecution’s case.
“I came to David Shapiro to end my probation early and expunge my case. I had a very positive and very informative experience with him. David and his assistant Maria were excellent and always kept in the loop of what was going on.”
“Helping good people get their lives back is not just a catch phrase. They mean what they say and are serious about taking care of the client. Ally Keegan and the team at Law Office of David Shapiro are AMAZING! My charges for a 25 plus year old case were dismissed, it was not easy but I truly believe that if I had went with any other Law Firm that the outcome would have been very different. Thank you Ally for helping me get my life back!”
“I called many lawyers after I got my DUI. Stefano was the only lawyer who put my mind at ease and gave me a sense of relief. He constantly communicated with me about my case and laid out all my options. He was willing and able to do whatever he could to help me. He went above and beyond what was expected.”
“I have used David 2 times in the past and he has by far exceeded my expectations. He has great knowledge and knows the system. He is straight forward and honest and somebody you can trust without doubt. I would recommend him to friends, family, and anybody that needs help. Best attorney I’ve ever come across.”
“Stefano Molea was extremely professional and consistently timely with responses to my questions. Most of all, Stefano was reliable. Stefano was diligent with discovery and always prepared and tenacious when relevant to the situation. Stefano is an attorney that you can count on for the best outcome. Thank you Stefano for all you did in my case. You’re so awesome!!!!”
“Ally was an absolute pleasure to work with. Her calm and reassuring demeanor was matched with her excellent knowledge, dedication, thoroughness. We unfortunately found ourselves in need of a criminal lawyer and we can without a doubt say that having Ally and her firm represent us from the beginning was the best choice we could have made.”
