Experienced New Jersey Criminal Defense Lawyers

While membership in a “Street Gang” is not itself a crime, the fact that a crime was being committed as part of “Gang” activity by a person who is a member of a “Street Gang” makes the crimes committed “Gang Criminality”. This includes activity that includes committing the crime, attempting to commit the crime or conspiracies to commit the crime. It does not matter whether the “Gang Member” was acting as a principal or an accomplice, the participation in the criminal activity can be a basis to charge this crime. Among many types of crimes, the underlying criminal activity includes Homicide, Aggravated Assault, Kidnapping, Sexual Assault, Robbery, Arson, Burglary as well as drug-related offenses, drug possession , drug distribution or trafficking, and drug manufacturing.

A Successful Defense Requires Experience and Knowledge

At the law firm of Bailey & Orozco , we have more than 35 years of experience in the criminal justice system. Among other clients alleged to be members of a “Street Gang”, we recently defended a client charged with Attempted Murder while allegedly being a high-ranking member of the Latin Kings. During the trial, the State persistently brought to the jury’s attention that the Attempted Murder was part of a series of crimes committed by other “Gang Members”, using this “Gang Membership” as a motive for why our client would have committed the “Attempted Murder”. Defending a client from this type of innuendo requires the defense to have specific knowledge of that particular ‘gang’.

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Definition of a “Criminal Street Gang”

Under the N.J. statute, all the State needs to establish is that three or more people are associated by two or more common criteria, to include:

• Self-proclamation as a “Gang” member
• Correspondence stating you are a “Gang Member”
• Witness testimony about your “Gang” membership
• “Gang” paraphernalia or “Gang” photographs
• “Gang” tattoos on your body
• “Gang” clothing or ‘colors’

In addition, the State would need to establish that while acting as part of the “Gang” that you previously participated or attempted to commit one or more serious crimes (see the list above for examples) within the past 5 years.

Consequences and Penalties of Conviction

If you have been charged with crimes that involve allegations of “Criminal Street Gang” activity, contact us to discuss what steps must be taken to defend yourself from the severe sentencing consequences a conviction of this type can have. Even a first-time offender will be confronted by the increased grading of the crimes (one degree higher then the most serious underlying crime); and, enhanced sentencing consequences with a period of parole ineligibility.

Bailey & Orozco: Newark Criminal Defense Lawyers

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