GANG CRIME CHARGES
Federal law defines a criminal street gang as any ongoing group, club, organization, or association of five or more people which has a primary purpose of committing one or more criminal offenses, the members have engaged within the last five years in a continuing series of criminal offenses, and the activities affect interstate or foreign commerce. 18 U.S.C. Section 521 details the offenses that fall within gang crime. The offenses that qualify under federal gang crime are: “(1) a Federal felony involving a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) for which the maximum penalty is not less than 5 years; (2) a Federal felony crime of violence that has as an element the use or attempted use of physical force against the person of another; and (3) a conspiracy to commit an offense described in paragraph (1) or (2).”
A person who is convicted under Section 521 of gang crimes will receive the punishment associated with that crime committed and may receive enhanced criminal punishment if the circumstances are met. If the crime was committed by a person who participates in a criminal street gang knowingly, intends to promote the felonious activities of that street gang, and has been convicted in the last five years for one of the above offenses or any state offense involving the above crimes then the sentence of that individual will be increased by up to ten years.
Because of the life-threatening consequences of a gang crime conviction it is important that you seek the services of an experienced and knowledgeable attorney immediately if you have been charged with or are being investigated for gang crimes. At Kestenbaum, Eisner, & Gorin, LLP, our attorneys have over 50 years combined experience in criminal defense and we will work hard to provide you with a successful defense. Because of the complexity of federal laws and court systems, it is very important that your lawyer have a good amount of experience in federal court rooms. Now is not the time to entrust your case to an attorney who is ill-equipped to handle your gang crime charges. You should contact our firm as soon as possible to be directed to a lawyer who will address your charges in a way that will positively resolve your case.