It is illegal for any person to be part of any “criminal street gang” in Virginia & Maryland.
Gang charges are extremely serious offenses that carry life-changing consequences.
Have you been charged with a criminal street gang offense in Maryland or Virginia?
Are you facing a gang charge in Maryland or Virginia?
If you need help to defend yourself against a gang charge in Maryland or Virginia, then contact the SRIS Law Group Maryland or Virginia criminal street gang defense lawyers for help.
Our Maryland & Virginia criminal street gang defense attorneys will do their best to help you.
What is the gang defense?
As the term suggests, the defense of the gang allows the judge to add extra and maximum time to crimes if the accused is found to have committed the crime as a result of membership in a gang. While the CTC on the state street and its prevention makes crime just to be member of a criminal gang, defense of the gang requires conviction of the beneath present crime. If the defense is convicted of a crime, the lawyer will request or add more time to the judge if a gang can be proved.
What are certain requirements of gang felony?
If the defense person is convicted of a crime committed in the context of a criminal gang or for or under the direction or usage of a criminal gang, with the specific need to promote the interests of the gang in its criminal point of view, the judge may add another defense to the sentence. According to the rules the judge may add the following:
Two, three or four years at the decision of the judge, when convicted of a crime, Five additional years if conviction for serious charge, 10 additional years if offense for a violent crime. An additional 15 years if the crime involves “stealing a house, stealing a car, shooting a person or shooting from a car” A possible sentence of life imprisonment if the criminal is convicted of a murder committed during a fire by a motor vehicle, car theft or domestic crime. Any additional implication can be applied at the expense of the judge if the crime falls within 1000 feet of the school when the school is open.
Serious crimes include, but are not less than, specific drug offenses, charge on a peace officer carrying a dangerous weapon or firearm and threatening some criminal threats. Violent offenses include, but are not limited to, certain sexual offenses, any crime causing significant body injury, and threatening witnesses. Many crimes are serious and violent crimes. In these gang cases, the longer sentence will be applied.
Proving in the view that you are not an “active participant” in a gang:
Gang defense cannot be added to the sentence unless it is proved that the defense is an active participant in the gang. Experienced gang defense lawyers will help you prove that you are not an active participant of a gang and, therefore, can not apply gang charges to your punishment. Although tattoos and other signs may make the argument difficult, a lawyer can help to say that you are no longer part of a gang and are no longer an active memberAs a last piece of resort, the defense can always make appeal to the judge to use his decision to direct the sentence or penalty. The judge can use his or her power if it is in the interests of justice for the gang defense. The obligations of the person family, its career history and its links with the community may affect a judge in its favor.
THE FOLLOWING ARE SOME OF THE LAWS IN VA & MD :
- §18.2-46.2. Prohibited criminal street gang participation; penalty.
A. Any person who actively participates in or is a member of a criminal street gang and who knowingly and willfully participates in any predicate criminal act committed for the benefit of, at the direction of, or in association with any criminal street gang shall be guilty of a Class 5 felony. However, if such participant in or member of a criminal street gang is age eighteen years or older and knows or has reason to know that such criminal street gang also includes a juvenile member or participant, he shall be guilty of a Class 4 felony.
- § 9-803. Criminal gang activity – Schools.
(a) Activities on or near school vehicles or property.- A person may not threaten an individual, or a friend or family member of an individual, with or use physical violence to coerce, induce, or solicit the individual to participate in or prevent the individual from leaving a criminal gang:
(1) in a school vehicle, as defined under § 11-154 of the Transportation Article; or
(2) in, on, or within 1,000 feet of real property owned by or leased to an elementary school, secondary school, or county board of education and used for elementary or secondary education.
(b) Applicability.- Subsection (a) of this section applies whether or not:
(1) school was in session at the time of the crime; or
(2) the real property was being used for purposes other than school purposes at the time of the crime.
- ALM GL ch. 265, § 44. Causing or Coercing a Child to Join a Conspiracy by Assault and Battery.
Whoever commits an assault and battery on a child under the age of eighteen for the purpose of causing or coercing such child to join or participate in a criminal conspiracy in violation of section seven of chapter two hundred and seventy-four, including but not limited to a criminal street gang or other organization of three or more persons which has a common name, identifying sign or symbol and whose members individually or collectively engage in criminal activity, shall, for the first offense, be punished by imprisonment in the state prison for not less than three nor more than five years or by imprisonment in the house of correction for not more than two and one-half years; and for a second or subsequent offense by imprisonment in the state prison for not less than five nor more than ten years.