Feature Article
Arizona has some of the most severe criminal gang laws in the United States. Gang affiliation alone is a crime in the Grand Canyon state. In this article, we will discuss the legal definition of a gang and the consequences of gang-related charges in Arizona. We will also explore the differences between a gang and a criminal syndicate and defense strategies for gang-related charges.
What is a criminal street gang?
Arizona Revised Statutes 13-105 provides a legal definition of a criminal street gang. According to the statute, a criminal street gang is a formal or informal organization that has as one of its primary activities the commission of criminal offenses and that consists of three or more persons who have a common name, identifying sign or symbol, and leadership structure.
The statute also defines a criminal street gang member as any person who meets one of the following criteria:
- Who actively participates in a criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity.
- Who knowingly or recklessly solicits, invites, recruits, encourages or otherwise causes or attempts to cause another person to actively participate in criminal street gang activity.
What are the threat and intimidation laws in Arizona?
In Arizona, it is a crime to intimidate or threaten another person for the benefit of a criminal street gang. Threats and intimidation can include verbal or written communications, gestures, or physical acts. The penalties for threatening or intimidating in Arizona depend on the severity of the crime and whether a weapon was involved.
What is the difference between a gang and a criminal syndicate?
The key difference between a gang and a criminal syndicate is that the latter is organized for financial gain. While gang members may engage in criminal activity for personal gain, criminal syndicates are organized for the sole purpose of making a profit. Criminal syndicates often engage in illegal activities such as drug trafficking, money laundering, and human trafficking.
What are defense strategies for gang-related charges?
If you are facing gang-related charges, hiring an experienced criminal defense attorney is essential. Your attorney will examine the evidence against you and build a defense strategy based on the facts of your case. Defense strategies may include:
- Challenging the constitutionality of Arizona's gang laws
- Proving that you were not aware of the gang's criminal activity or that you have left the gang
- Questioning the credibility of witnesses
FAQs on Arizona's gang-related laws
Here are some frequently asked questions about Arizona's gang-related laws:
What are the penalties for gang-related charges in Arizona?
The penalties for gang-related charges in Arizona depend on the severity of the crime. Gang enhancement charges can add additional years to a sentence, and gang participation charges can result in up to 3.75 years in prison.
Can I be charged with gang affiliation if I am not a member of a gang?
No, you cannot be charged with gang affiliation if you are not a member of a gang. However, if you are charged with gang-related crimes, prosecutors may use evidence of gang affiliation to prove their case.
Is it possible to leave a gang?
Yes, it is possible to leave a gang. However, in some cases, leaving a gang can be dangerous. If you are considering leaving a gang, you should seek the advice of an experienced criminal defense attorney.
What should I do if I am charged with gang-related crimes?
If you are charged with gang-related crimes, you should contact an experienced criminal defense attorney as soon as possible. Your attorney will provide you with legal advice and represent you in court.
How Kolsrud Law can help if you've been charged
At Kolsrud Law, we understand the seriousness of gang-related charges in Arizona. Our experienced criminal defense attorneys will fight for your rights and work tirelessly to achieve the best possible outcome for your case. If you've been charged with gang-related crimes in Phoenix, contact us today for a free consultation.
Gang Related Charges: Phoenix Criminal Defense Lawyer
