979-596-6843
Email Us
Call Us
The streets of Texas tell countless stories – some of triumph, many of struggle. For those caught up in gang activity, these stories often lead to serious criminal charges that alter the course of a life forever.
As criminal defense attorneys, we’ve sat across from young men and women facing decades behind bars, their futures hanging in the balance.
While the public often sees only mugshots and headlines, we see the whole picture – the circumstances, the pressures, the lack of opportunities that can drive someone toward gang affiliation.
We also see the potential for redemption and second chances, even in cases that may seem hopeless at first glance.
If you or a loved one is facing gang-related charges in Texas, know this: You have rights, you have options, and you deserve a vigorous defense.
In this post, you’ll find what you need to know about gang-related crime charges and their defense considerations.
Common Strategies for Gang Crimes
When defending against gang-related charges in Texas, lawyers employ several key strategies:
- Challenging the gang affiliation: One of the first lines of defense is often to contest the prosecution’s claim that the defendant is a gang member, including scrutinizing the gang membership identification criteria and presenting evidence of the defendant’s non-gang-related activities and associations via character witnesses and other methods.
- Questioning witness credibility: Gang cases often rely heavily on testimony from informants or co-defendants. We work to expose potential biases, inconsistencies, or motivations these witnesses might have for providing incriminating testimony.
- Suppressing evidence: If law enforcement violated constitutional rights during the investigation or arrest, we file motions to suppress illegally obtained evidence.
- Exploring alternative explanations: We provide narratives that explain the defendant’s actions without referencing gang activity to reduce charges or penalties and present a clearer and more accurate picture of the circumstances.
- Negotiating plea deals: In some cases, negotiating with prosecutors for reduced charges or sentencing recommendations may be the best path forward, especially if it helps avoid gang enhancements.
- Using expert witnesses: We bring in experts on gang culture, sociology, or psychology to help contextualize the defendant’s actions and challenge prosecution narratives.
- Highlighting mitigating factors: Presenting evidence of the defendant’s positive contributions to their community, family responsibilities, or efforts at rehabilitation influence sentencing decisions.
- Constitutional challenges: In some cases, we may challenge the constitutionality of gang enhancement laws or specific provisions that may infringe on the right to free association.
The most effective defense strategy will depend on the specific circumstances, evidence, and charges. A skilled defense attorney will carefully analyze all aspects of the case to determine the best approach.
Potential Sentences for Gang-Related Crimes
Gang-related offenses in Texas carry severe penalties due to gang enhancement statutes. The potential sentences depend on the crime, the defendant’s criminal history, and whether gang enhancements apply.
Here’s an overview of potential sentences for common gang-related charges:
Engaging in organized criminal activity:
This charge ranges from a state jail felony to a first-degree felony, depending on the underlying offense. Sentences can span from 180 days to 99 years in prison, with potential fines up to $10,000.
Aggravated assault:
As a second-degree felony, this charge typically carries 2-20 years in prison. However, if committed as part of gang activity, it may be elevated to a first-degree felony, increasing the range to 5-99 years.
Drug trafficking:
Sentences vary based on the type and amount of drug involved, ranging from 180 days to life in prison. Gang involvement can significantly increase these penalties.
Weapons offenses:
Unlawful possession of a firearm by a gang member can result in 2-10 years in prison. If used in a violent crime, sentences can increase dramatically.
Gang recruitment:
Recruiting individuals into criminal street gangs, especially minors, can lead to 2-20 years in prison.
Criminal conspiracy:
Sentences for conspiracy match those of the crime being conspired to commit, potentially leading to decades in prison for serious offenses.
Texas law allows for gang enhancements, which can increase the degree of the felony charge by one level. This means a third-degree felony could become a second-degree felony, significantly increasing potential prison time.
Texas Penal Code Chapter 71
Chapter 71 of the Texas Penal Code focuses on criminal activities associated with organized crime and gang activity. Specifically, it targets the actions of groups engaged in illegal enterprises, including drug trafficking, violent crimes, and other felonious acts. The chapter defines an organized criminal activity and outlines severe penalties for those involved.
One key aspect of Chapter 71 is the provision against “Engaging in Organized Criminal Activity” (Section 71.02), making it illegal for individuals to commit various crimes in combination with others.
It addresses activities such as murder, kidnapping, sexual assault, drug offenses, and theft. The law treats these crimes more seriously when committed by a gang or criminal organization, often resulting in enhanced penalties.
Additionally, Chapter 71 includes provisions for “Directing Activities of Criminal Street Gangs” (Section 71.023). This section targets gang leaders and organizers, imposing harsher penalties on those who direct or finance criminal operations. The law aims to dismantle gang leadership structures, making it harder for these organizations to function.
The chapter also defines a criminal street gang as three or more persons with a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in committing criminal activities. This definition helps law enforcement identify and target gang members and their operations.
Chapter 71 is a critical legal tool to combat organized crime and reduce gang-related activities, enhancing public safety by imposing stringent penalties.
Everyone deserves a fair chance to defend themselves and seek justice. The complexities of the law and the severe penalties associated with these charges mean the stakes are incredibly high.
These situations require empathy and a thorough legal strategy. An experienced criminal defense lawyer can challenge the charges and advocate for their client’s humanity.
If you or a loved one are entangled in gang-related activities, seek experienced legal counsel ASAP.
Remember, there is always hope; with the proper defense, a lawyer can blaze a path forward.
