Legal Question in Criminal Law in California

Can I be charged with gang enhancement for assault (even though I just took the victims wallet) if the the other defendants aren't registered gang members?


Asked on 9/13/12, 1:33 pm

3 Answers from Attorneys

Theresa Hofmeister Theresa Hofmeister, Attorney At Law

in theory anyone can be charged with anything (or at least, many things) ... whether these charges stick or not is another matter. Talk to some local criminal defense attorneys about your case. Good luck!

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Answered on 9/13/12, 3:59 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

I agree with Ms Hofmeister. As a practical matter prosecutors love charging gang enhancements and will do it whenever they can. The more they charge the more money they get from the state. Even your friends who are not registered gang member can be charged witha gang enhancement.

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Answered on 9/13/12, 5:09 pm
Terry A. Nelson Nelson & Lawless

CAN they charge you? Of course. On any charge they think they have evidence and can convict you.

If you are charged with any crime, the proper questions are, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, feel free to contact me. I�ll be happy to help fight this and get the best outcome possible, using whatever defenses there may be.

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Answered on 9/13/12, 7:21 pm


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