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San Jose Crime Suspects Face Additional Penalties for Gang Involvement

Posted on in Criminal Defense

San Jose criminal defense attorney, criminal charges, gang-related crimes, gang crimes, gang membersAt Jachimowicz Law Group, we work with clients of all ages who face a variety of different types of criminal charges. Among the most severe are those in which gang activity is suspected. Whether it involves crimes such as vandalism, drug offenses, or assault and robbery, the fact that the suspect was affiliated with a gang significantly increases the charges and potential penalties.

Gang-Related Crimes in San Jose

Gang-related crime is a problem throughout California, and law enforcement officials have been cracking down in an effort to apprehend suspects. In late January 2018, the Mercury News reported that police had arrested 12 individuals responsible for a rash of crimes in the San Jose area over the past year. Those charged include seven adults and five juveniles who are suspected of committing more than 30 crimes, including burglary, carjacking, assault, and drug offenses.

While the group has no traditional gang ties, they are alleged to have acted as a gang in the offenses. Nearly all of the incidents involved weapons, and search warrants issued on those charged led to the seizure of guns, knives, and replica firearms. Also recovered were stolen goods and merchandise such as laptops and electronics, along with a car jacked vehicle and an assortment of car keys and key fobs.

California Gang Sentencing Enhancements

Under California’s Gang Sentencing Enhancement Law ( Penal Code 186.22), both the adults and the juveniles arrested as part of the San Jose gang sweep could face additional penalties as the result of their suspected gang involvement. The enhancement law makes it a crime to participate in a street gang or to assist in any felony crimes committed by gang members. Sentencing enhancements include a mandatory prison sentence up to three years or more, depending on the circumstances and the crime involved. This is in addition to any other criminal charges and penalties the person faces. Anyone associated with the crime or who aided the gang in any way could also be subject to these charges.

In California, juries tend to have strong biases against and little sympathy towards suspected gang members. You need an experienced criminal defense attorney to begin immediately gathering evidence in your favor. Possible defenses to gang crimes include:

  • You did not commit the crime you are accused of;
  • You are not a member of any gang;
  • You did not act in any way to promote a gang or a gang member’s interests;
  • The gang enhancement penalty is being improperly applied to your case.

Contact Us Today for Help

Gang-related charges are a serious criminal matter which could leave you facing a mandatory prison sentence and a criminal record that will impact you the rest of your life. In these situations, you need an experienced San Jose criminal defense attorney on your side, fighting on your behalf and making sure your rights are protected. Reach out and contact Jachimowicz Law Group see how we can assist you.








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