What You Should Know About Nevada Gang Crime Laws

Criminal activities which are committed or perpetrated by gangs are taken seriously by Nevada laws. For instance, there are cases when additional sentence may be imposed to the crime’s original or stipulated sentence. This usually comes in the form of prison time extension.

 

Before anyone faces the punishment that is associated with gang crime which the Nevada law categorizes under felony, there must be concrete evidence to show that he (the defendant) belongs to a gang. This is the only way a defendant can be convicted of such crime.

How Do Gang Penalties Work?

It should first of all be noted that the penalty system which applies to gang activities is very complicated. This is perhaps why you will need the help of an attorney that is highly experienced and perfectly understands Nevada laws. The reason for this is that belonging to a gang; you will not be punished separately by a prosecutor. Rather, this charge is going to be added to the original charge with a view to increasing your sentence.

 

If you are found to be guilt of the original charge by a judge and there is concrete evidence to show that you are connected with the gang, the original prison sentence which you are supposed to serve will be doubled to about 20 years. This is why it has been recommended that whenever your charge is being linked to gang activity, the need to get an experienced defense attorney can hardly be overemphasized.

Lipp Law Firm

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Can the charge be opposed?

There is a way through which serving time can be avoided when it comes to gang penalty. This is beating the original charge which involves your attorney proving that there isn’t enough concrete evidence for you to be convicted by the court. Your lawyer can even prove that you weren’t treated within the confines of the law by the police during your arrest.

 

If there happens to be any conviction, the lawyer will try to prove that your actions were not in connection or affiliation with any gang. Such a professional can also prove that you never intended to carry out such actions in the first place.

Are there any exceptions

There are exceptions to the penalties meted out to a convict guilty of gang crime. First of all, additional penalties can’t be imposed by Nevada courts on behalf of a gang. Also, additional penalties can’t be imposed on a gang’s behalf for having a felony committed when the defendant’s serving term has already been increased.

Can these allegations be fought against?

Your defense attorney can adopt 2 more strategies in addition to the ones stated above. These are listed below:

 

He will adopt the no gang approach. This is when the prosecutor will not be able to prove that the defendant has any connection with the gang. In this case, the defendant isn’t going to be punished for carrying out such action on behalf of the gang.

 

The other is no crime strategy. This is when the attorney is able to provide evidence that such crime wasn’t committed by the defendant