Tucson Gang Crimes Defense Lawyer

State and Federal Gang Crimes Defense

In Tucson, both the state and federal criminal laws punish gang activity more harshly than crimes not involving organized crime or criminal syndicate organizations.  These gang laws are frequently criticized for their criminalization of the constitutionally protected freedoms of speech and association, as well as for racially discriminatory enforcement.  Both state and federal lawmakers push for "tough on crime" or "law and order" legislation, often seeking to punish gang violence.  Tucson's criminal street gangs may not be as widespread or well-known as larger cities like Phoenix and Los Angeles, but law enforcement and prosecuting agencies in Tucson make it a top priority to curtail gang activity.  If you or a loved one has been charged with a gang-related crime, it is imperative to have a defense attorney on your side who knows how to defend these difficult cases.  Contact the Tucson Defenders today for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.  520-585-5757.

ARIZONA CRIMINAL SYNDICATE LAWS
Under Arizona law, it is against the law (and quite a serious violation) to participate or assist a criminal syndicate or street gang.  Participating or assisting a gang in its illegal activity can make otherwise less serious offenses much more severe consequences.  Participating in a criminal syndicate or street gang is a Class 2 felony in Arizona under most circumstances.  This can mean up to 12.5 years in prison for a first offense!  Nonmembers who assist a criminal gang face a Class 2 felony, punishable by 8.75 years in prison.  Prosecutors can also add a “gang enhancement” to any criminal charges, which can result in increased punishment for the same act.  Additionally, police departments may use "gang injunctions" in certain areas to prohibit seemingly harmless conduct, and arrest people just for congregating.  A September 2020 AZ Supreme Court decision makes application of a gang enhancement unconstitutional in criminal threats cases elevating a misdemeanor to a felony solely on the basis of gang membership (See State v Arevalo).  This decision may end up having further reaching implications, as defense attorneys and civil rights groups continue to attack these discriminatory laws.

Arizona generally has very strict criminal laws, but clearly the way that gang cases are treated is even more serious.  Avoiding these consequences requires a strong understanding of how police departments and prosecuting agencies try to prove gang membership, a strong grasp of the law and rules of evidence, and excellent motion-writing and arguing.  Prosecutors frequently use gang allegations to prejudice juries in serious cases.  It is imperative that your lawyer have experience with serious cases at trial.

FEDERAL CRIMINAL STREET GANG LAWS
Federal law provides a penalty enhancement of up to 10 years for certain gang members who commit a crime with the intention of furthering or promoting gang activity.  These applications have been broadly interpreted, where activities are seen as furthering or promoting gang activity almost automatically if the crimes involve violence or money proceeds.  Federal law also has the Racketeer Influenced and Corrupt Organizations Act (“RICO”) which carries very serious penalties (including prison sentences of 20 years and life imprisonment).  Conspiracies involving two or more qualifying predicate acts can bring on this type of prosecution, and has frequently been employed to bring down organized crime syndicates and criminal street gangs.  Defending these charges is complex, and requires a strong understanding of the law, sentencing guidelines, and more.
More information about Federal Criminal Defense

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If you or a loved one has been arrested, charged with a crime, or is under investigation for a crime involving organized crime, gang activity, or gang violence, you need a passionate, aggressive, experienced lawyer on your side to fight for you.  Contact the Tucson Defenders today to discuss the details of your case, and begin to evaluate defenses which may help you get through this situation.
520-585-5757

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AZ Participating in Criminal Syndicate Law
AZ Participating in Criminal Street Gang Law
Pima County Superior Court
Tucson Police Department

Federal Criminal Street Gang Statute
RICO Act Organized Crime Statute
US District Court - AZ (Tucson)
US DOJ - Tucson Office