How Gang Crimes are Handled in San Jose and California
San Jose’s city and law enforcement officials have been taking an aggressive stance against gang violence, which means that any individuals who are accused of this crime in the San Jose area should expect their cases to be aggressively prosecuted. In addition to San Jose, the state of California takes measures to provide harsher punishments for crimes that are deemed as being gang-related. Individuals should be aware of what defines a gang-related crime and how these offenses are addressed, both citywide and statewide.
According to California law (Penal Code §186.22), it is against the law to engage in any criminal street gang while knowing that the gang’s members engage in a pattern of criminal activity. It is also against the law to promote, assist in or engage firsthand in such criminal activity. A group of individuals participating in such pattern of criminal activity is considered to be a gang when that group consists of three or more people, whether formally or informally organized.
In early February, the San Jose Mercury News reported that the number of gang-related homicides in San Jose reached 18 in each of the past three years, which is up from its previous level of six a year. Looking at crime in general, San Jose has had double-digit increases in major crimes and has hit a 20-year record for homicides, according to the article, which highlighted a crime and gang prevention summit held by the city.
The city of San Jose has made multiple efforts to crack down on gang-related crime. The San Jose Police Department has a Gang Investigation Unit (GIU) that is devoted to investigating these types of offenses. Furthermore, there is the Mayor’s Gang Prevention Task Force (MGPTF)—created in 1991—which focuses on preventing and suppressing gangs in San Jose, according to the San Jose Police Department’s website. The MGPTF is co-chaired by the city’s mayor and police chief, and the task force also consists of various community organizations.
The state of California establishes sentencing enhancements for crimes that are committed in relation to gangs. A person can receive such an enhancement (or additional sentencing) whether he or she was an actual gang member or simply an individual who was aiding a criminal gang. Through the enhancement, the convicted individual will not only have to serve the sentence related to the actual felony crime committed, but he or she will also have to serve an additional and consecutive jail or prison term. The enhancements can be anywhere to a few additional months in jail to multiple years of additional time in prison. For example, the commission of certain gang-related “violent crimes” can lead to 10 years of added prison time. The length of time that can be added through the enhancement will depend on various factors, such as the seriousness of the crime, whether any weapons were used and the person’s level of involvement in the gang.
By reviewing California’s laws and San Jose’s enforcement efforts that focus on gang activity, it is clear that these types of offenses are not taking lightly. If you were convicted of such an offense, you are likely to be faced with a full force of prosecutorial action. With the help of a strong attorney, it might be possible to show that you were wrongfully accused, that there is not enough evidence to convict you or that the crime you are accused of should not be considered gang-related (which can potentially lead to less serious sentencing). My name is Edward N. Ajlouny, and I am a San Jose criminal defense attorney with years of experience safeguarding the rights of individuals accused of crimes. Call me to learn more about your legal options if you have been charged with a gang-related criminal offense in the San Jose area.
