A violent crime is any crime in which the perpetrator threatens to inflict or actually inflicts physical harm on another person. In some situations, it also involves threatening force or using force to commit another crime such as robbery or burglary.
When the perpetrator is a member of a gang and the crime is committed to further the criminal activity of the gang, it becomes gang violence.
A gang is an organized group of people who have a common objective and share a certain identity. These organized groups of people typically identify themselves by specific signs, symbols, identifying tattoos and names, especially if they are street gangs. Members of street gangs may share common styles of clothing, hairstyles, hand signs and graffiti that they paint in public spaces to mark their territories.
According to experts, it is the open intimidation practiced by gangs as well as their identifiable symbols and signs that make them different from other organized criminal groups such as the mafia. Mafia-like international organized crime groups rely on secrecy and hidden control of legitimate businesses and governments to advance their criminal goals. Gangs are sometimes more open, if not flagrant, in their operations.
There are several different types of gangs in the U.S. Street gangs, both local and national in membership, are common and many of them engage mainly in drug trafficking. There are also motorcycle and prison gangs which may receive less notoriety with the general public. They are influential nonetheless, especially in the drug-trafficking business.
A type of group called an “Outlaw Motorcycle Gang” (OMG) is a gang whose members use their motorcycle clubs as a proxy for engaging in criminal activities. These OMGs commit violent crimes, and traffic in weapons and illegal drugs.
Reportedly in the U.S. more than 200 OMGs are active. They range in size from a handful of members to groups with thousands of members organized into hundreds of local chapters. Most people have heard of the Hells Angels motorcycle gang, but there are others with which most people may not be familiar, e.g. the Mongols, Bandidos, Outlaws, and Sons of Silence. They not only traffic drugs within the U.S. but smuggle drugs internationally across national borders. They may even conspire with major international drug traffickers.
Another type of gang with which most people are probably not familiar are prison gangs. They are criminal enterprises that have originated within the state and federal prison systems. Of course, they can spread their operations beyond prison walls when members are released at the end of their terms of imprisonment.
Typically, the members of a prison gang come from a select group of inmates. Some of them may have a highly organized hierarchy and a well-established code of conduct. Reportedly, the Aryan Brotherhood and Nuestra Familia are gangs of this type. Other gangs are not formally structured and operate more loosely, such as the Mexican Mafia.
Prison gangs are smaller than other kinds of gangs and may be organized on the basis of race or ethnicity. However, like members of other gangs, members of prison gangs are involved in the transportation and distribution of illegal narcotics.
Members of prison gangs also may serve as intermediaries between international drug-trafficking organizations (DTOs), street gangs and OMGs. They may serve as brokers in transferring possession of drugs from DTOS to street gangs that distribute the drugs in different regions of the U.S. Apparently, they are more active and influential in state prisons than in the federal prison system.
Gang violence refers to criminal acts of violence committed by a group of gang members who continuously engage in crimes against both the members of their gang and others who come into contact with the members.
Gang violence also includes confrontations between two or more gangs. Gangs have been known to fight each other since Shakespeare published Romeo and Juliet in 1597. The updated film version, West Side Story, reinforced the message in 1957. Gangs frequently engage in violent acts against each other in struggles over territory and racketeering ventures.
In addition, certain gang members may threaten or inflict violence against other members of their own gang in order to enforce gang discipline and punish disloyalty. Gangs may also have initiation rituals that involve inflicting violence on a variety of victims, some of whom may be innocent people.
Some of the violent crimes that are often associated with gangs include the following:
One of the major criminal activities, however, of large national street gangs, motorcycle gangs and prison gangs is the smuggling, production, transportation and distribution of major quantities of controlled substances. They engage in serious violence as an integral part of conducting their extensive trade in drugs. Local street gangs often imitate the larger, stronger national gangs in order to earn the respect of their rivals.
Simple membership in any group cannot be illegal in the U.S. because the First Amendment to the U.S. Constitution guarantees our right to assembly. However, many states make the consequences of criminal convictions more harsh when the perpetrator is a member of a gang and it is consistent with the First Amendment to do so.
For example, in Texas if crimes are linked to gang activity, penalties are more severe. Texas law defines gang activity as three or more people who sport common identifying symbols, e.g. gang tattoos, associating regularly in the perpetration of crimes.
Texas law then specifies that when a perpetrator commits a crime in connection with gang activity, the crime is charged as one offense classification higher than it would be if it were not connected to gang activity. In Texas, this means that a crime that would normally be a second degree felony under Texas law would be charged as a first degree felony if the perpetrator committed the crime in connection with gang activity.
A second degree felony brings more harsh penalties than does a third degree felony. If the offense would be a Class A misdemeanor if not connected with gang activity, it becomes a felony when connected with gang activity. A person convicted of a felony can be sentenced to a term of imprisonment in the state prison. A misdemeanor conviction usually only brings at most a year in a local jail.
In California conviction of a crime connected with a gang is cause to enhance the sentence. Specifically, anyone who commits a felony criminal offense to benefit a gang must receive a mandatory prison sentence. This mandatory prison sentence must be served consecutively, i.e., after, the sentence for the underlying felony is served.
In addition, in California, the crime of participating in a gang and promoting a felony for the gang can be charged as either a misdemeanor or a felony. The punishment for a misdemeanor conviction is up to one year in a county jail. The punishment for a felony conviction is up to three years in state prison.
Federal law specifies a penalty enhancement of up to 10 years for certain gang members who commit crimes with the intention of furthering the activities of the gang. The enhancement can also come into play if the gang member maintains or advances their position in the gang, for example the member moves up in status in the gang as a kind of reward for committing the crime. The enhancement adds prison time to any sentence imposed for the underlying crime.
So, criminal sentences can be enhanced as in California. A person can be charged with the separate crime of committing a crime while a gang member. Or a gang member can increase the seriousness of the crime with which they are charged if the crime is connected to gang membership, as in Texas.
As you can see, criminal punishment can be much worse if your crime is connected to gang activity. If you have been accused of gang-related criminal activity, you should consult an experienced criminal defense attorney as soon as possible.
An attorney can review the facts of your case and determine if any defenses are available to you. Your attorney can also review the evidence of gang membership and tell what effect it might have on your case. If the crime with which you are charged includes gang membership, this may have a special negative impact on your case. An attorney can advise you of the best strategies for dealing with this.
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