CRIMINAL DEFENSE ATTORNEY
Gang Violence Charges
Representing Clients In Macomb, Washtenaw and Wayne County.
Detroit Gang Violence Lawyer
In the heart of Detroit, neighborhoods and families have been profoundly impacted by the presence of gangs. These organized groups, often associated with criminal activities, have prompted law enforcement agencies to take an aggressive stance against gang-related actions.
While it might seem like a good idea to remove gang members from the streets, sometimes innocent people get caught up in the fray because of some connection to a gang member or for simply living in a neighborhood of gangs. Law enforcement can make it hard for them, even if they have done nothing wrong.
If you are facing gang charges, you know the seriousness of the situation and how important it is to have a strong legal defense. At Duplessis Law, we are here to offer unwavering support and expert guidance to navigate the difficulties of gang-related legal proceedings. A conviction of gang violence can have devastating consequences on someone’s life. Take the first step to safeguarding your future by getting in touch with us today.
Gang Charges in Michigan. What are the state laws?
Michigan law broadly defines gangs as organized groups of five or more who share these characteristics:
- Common symbol, sign, geographic location, way of showing membership, or process,
- A clear hierarchy of authority,
- Specific criteria for becoming a gang member.
This definition is intentionally wide-reaching, and in practice, it can be applied to various organized groups beyond criminal street gangs. Given this expansive interpretation, individuals can find themselves facing gang charges for actions they may not perceive as being part of a gang.
Gang-Related Crimes and Their Criminal Penalties in Michigan
Gang-related activities can include a range of criminal offenses, from drug trafficking to violent crimes. The implications of gang-related charges go beyond immediate legal consequences, often affecting every aspect of your life.
Michigan’s laws encompass a variety of provisions addressing gang membership and activities, some of which are:
- Gang-Associated Felonies—As outlined in Michigan Penal Code section 750.411u, if there’s proof that you’re a gang member and you commit a felony connected to your gang, you could face a 20-year prison term. This is in addition to any sentence for the underlying felony.
- Recruiting Gang Members—Under Michigan Penal Code section 750.411v, it’s unlawful to recruit individuals into gangs or force them to participate in gang-related felonies. A conviction could result in a maximum of 5 years imprisonment and a fine of $5,000.
- Coercion to Maintain Membership—The same statute also forbids threatening or punishing gang members or their families to prevent them from leaving the gang. This felony carries a maximum penalty of 20 years and fines up to $20,000.
Anti-Mafia Laws: The Use of RICO to Target Street Gangs
To combat gang-related activities, law enforcement agencies often invoke the Racketeer Influenced and Corrupt Organizations (RICO) Act. Initially designed to target organized crime syndicates, RICO has been applied to street gangs to dismantle their influence and activities.
RICO proves advantageous to prosecutors as it has a broad scope. In a single case, it can target individuals ranging from street-level participants to those in leadership roles, including those who might have conspired without executing any criminal actions.
To be precise, federal prosecutors can invoke RICO charges if a person commits two or more of the following offenses within a span of ten years, as part of a criminal enterprise or gang:
- Violating state laws concerning activities like gambling, selling controlled substances, drug trafficking, arson, bribery, extortion, kidnapping, murder, robbery, or dealing in explicit materials.
- Breaching federal laws against crimes such as bribery, counterfeiting, embezzlement, fraud, theft, racketeering, murder-for-hire, obstruction of justice, slavery, gambling, or dealing in explicit materials.
- Engaging in union fund embezzlement.
- Committing securities or bankruptcy-related fraud.
- Involvement in criminal copyright infringement.
- Money laundering.
- Aiding unauthorized entry into the country and deriving profits from it.
- Committing acts of terrorism.
A conviction could result in a maximum sentence of 20 years in prison and fines of up to $25,000 for each racketeering charge. Additionally, you may be required to reimburse any unlawfully obtained gains or any business interests secured through the racketeering activities.
How a Michigan Gang Crimes Attorney Can Help
Navigating gang charges requires a comprehensive understanding of the legal landscape and a strategic defense approach. Our criminal defense attorneys are well-versed in the complexities of criminal law and are driven to defend and protect the rights of our clients.
We recognize the gravity of gang-related charges and the impact they can have on your life. Whether you face accusations due to association, misunderstanding, or other circumstances, you deserve a fair trial and the opportunity to present your case. At Duplessis Law, we offer not only legal expertise but also compassionate support to help you get through this challenging time.
Your future is worth fighting for, and we are here to fight with you. Contact Duplessis Law today for a confidential consultation.