Facing Gang Participation or Recruitment Charges? Our Virginia Criminal Defense Lawyers Can Help
Because street gangs pose a serious threat to public safety, gang participation and member recruitment are aggressively prosecuted and punished in our commonwealth. Depending on the circumstances of the crime you’re accused of, you could face misdemeanor or felony charges. Our dedicated Manassas criminal defense lawyers at The Wilson Law Firm are confident that you have numerous rights that protect you, and will work hard to obtain the best possible outcome in your criminal case.
Definition of Street Gang
Virginia Code § 18.2-46.1 explains that a criminal street gang as an ongoing organization, association, or group of three or more individuals, whether they meet informally or formally. In addition, this statute states that:
- One of the gang's primary purposes or actions must be the commission of one or more criminal activities.
- The street gang must have an identifiable name or identifying sign or symbol.
- The gang must have members who are individually or collectively engaged in the commission of, attempt to commit, or conspiracy to commit two or more criminal acts, with at least one criminal act involving the use of violence.
Two Charges You Might Face Related to Street Gang Involvement
One is active participation in a street gang as outlined by Virginia Code § 18.2-46.2. Under this statute, you could be charged with these felony offenses:
- Class 4 felony. This applies if you’re currently involved in or are a member of a street gang and knowingly and willfully participate in a criminal act for the benefit of or the direction of a gang member.
- Class 3 felony. If you’re 18 years old or older and know that a gang member or participant is a juvenile, or the criminal act committed is an act of violence.
The second gang-related crime in Virginia is the recruitment of individuals to the gang. Under Virginia Code § 18.2-46.3, you could face these charges:
- Class 1 misdemeanor. This applies if you encourage, solicit, invite, or recruit someone to participate in or become a member of a street gang or attempt to get them to join.
- Class 6 felony. The charges would be elevated to a Class 6 felony if you’re 18 or older and recruit a juvenile or attempt to recruit a juvenile to join a street gang.
What Are the Penalties for Gang Participation and Gang Recruitment?
If you’re convicted or plead guilty to a street gang crime, your sentence is determined by many factors, such as your prior criminal history and felony sentencing guidelines. Some possible penalties the judge could impose include:
- Class 1 misdemeanor. You could be sentenced to up to 12 months in jail and ordered to pay a fine not to exceed $2,500.
- Class 6 felony. If found guilty of a Class 6 felony, the judge could sentence you to prison for a maximum of five years and a fine of up to $2,500.
- Class 4 felony. The sentence for a Class 4 felony is two to ten years in prison and a fine of up to $100,000.
- Class 3 felony. You could face from five to 20 years in prison and a maximum fine of $100,000.
You could also have to endure the long-term consequences of a criminal conviction, making it harder to obtain a job, housing, an education, and more throughout your life. The ramifications could be more severe because people view gang members negatively in our society.
How The Wilson Law Firm Will Defend You
Even if you believe you’re guilty, our criminal defense lawyers know that you could have strong defenses—including ones involving violations of your constitutional rights—that we can use to fight back. We’ll mount a detailed strategy that includes numerous options including:
- Possibly suppressing crucial evidence being used against you.
- Establish that the prosecutor cannot prove all elements of the crime.
- Demonstrate that even if you were somehow associated with a gang that it doesn’t mean you’re guilty of a related crime.
As a former police academy instructor, T. Kevin Wilson now brings to the table a perspective and understanding that most criminal defense lawyers lack. He’s successfully resolved all types of criminal cases, and has a powerful team ready to support you.