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Gang-related Murder

California’s Street Terrorism Enforcement and Prevention Act (STEP Act) controls and punishes gang activities and gang-related offenses in the state. If you have been charged with murder relating to gang activity, there are fair chances of enhanced punishments under the statute of 186.22. The gang-related murder is a more serious crime than murder, and you will need a solid defense to get the charges reduced to murder. Therefore, the criminal defense lawyer plays a critical role in the success or failure of the cases involving murder related to gang activity.

The penal code 186.22 makes it unlawful for any person to engage, further or assists in felonious gang activity and the person convicted of a violation is sentenced to mandatory jail time or prison time under the law. According to this law, you can be charged with gang-related activity even if you are not a member of it if it is presumed that you acted in favor of the gang or helped any of its members in committing a felony. To prove the charges of gang-related murder, in addition to the elements of murder, the prosecutor must establish that i) the defendant actively participated in the gang activity or willfully assisted, promoted or furthered a gang member. ii) The defendant activity was a felony level crime in California. iii) The defendant had reasonable knowledge that its members engage in criminal gang activity. For example, Peter is a member of the street gang involved in drug trafficking, Peter along with another member kills John who is threatening to blow up gang’s secret; Peter would receive enhanced punishments for gang-related murder. In another example, Peter is not the member of the gang, but his friend Victor is. While Peter and Victor are together, Victor kills a gang member who was stealing money from the revenue and Peter assists Victor in doing so; Peter will be sentenced for gang-related murder.

According to 186.22, the person is penalized with mandatory jail time of up to one year in county jail or 16 months, two-year or three-year imprisonment in state prison. Since the stakes are too high, you must not rely on public defense attorney and must find a team of dedicated criminal defense lawyers. We investigate the case to find out details that can help us to prove the innocence of our clients such as mistaken identity, involvement in the murder, or that can reduce sentence such as involuntary manslaughter or act in self-defense.

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First Degree Murder

The allegations of first-degree murder are one of the toughest offenses with harsh punishments for a lifetime. California has a strict legal framework for punishing those who show a disregard for human life.

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Second Degree Murder

Most of the murders that do not qualify the elements of first-degree murder are charged with second-degree murder.

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Voluntary Manslaughter

The article 192 of the California Penal Code distinguishes manslaughter from the murder.

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Involuntary Manslaughter

According to the Penal Code statute 193(b), a person is guilty of involuntary manslaughter when killing results from an unlawful act, or from dangerously committing a lawful act, or because of criminal negligence.

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Vehicular Manslaughter

Vehicular Manslaughter (CA Penal Code 191.5 & 192 PC) is when someone is injured or killed by the negligent operation of a vehicle.

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Gang Related Murder

Gang-related Murder is a very serious offense. In California it is against the law to participate in a criminal street gang.

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Recent Results

  • Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!

  • Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!

  • Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!

  • Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!

  • Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.

  • Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!

  • Client allegedly sold rock cocaine to undercover officer faced 10 years following our argument client received NO JAIL TIME!

  • Client facing 15 years for Armed Robbery we proved misidentification Judge DISMISSED the case!

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