Gang Enhancements - Utah Criminal Defense Attorney
Under Utah criminal law, certain crimes are subject to a "gang
enhancement" which can substantially increases the level of the
offense. Stephen Howard has successfully handled literally
thousands of serious
felony charges during his career. If you
are facing criminal charges in Utah, you
need an experienced
criminal
defense lawyer with a record of achieving
real results for his
clients.
Elements of a Gang Enhancement in Utah
Section 76-3-203.1
of Utah's criminal code provides that a person is subject to this
enhancement for group criminal activity if the offense is
committed "in concert with two or more persons." The concept of acting
"in concert" is defined as meaning that the person "was aided or
encouraged by at least two other persons
in committing the offense and was aware that he was so aided or
encouraged."
Under Utah law, a prosecutor does not need to
prove that a defendant was associated with a formal gang in order to
impose a gang enhancement. Instead, any group of individuals acting
with the necessary intent can form the basis of a gang enhancement. But
a gang enhancement can also apply to an individual who commits the
crime on his own, if the crime was committed at the direction of or for
the benefit of a "criminal street gang" or if the crime was committed
for the purpose of gaining membership in or increasing the defendant's
status in a "criminal street gang."
Not all Utah crimes are
subject to potential gang enhancement. But the Utah legislature has
established broad categories of offenses to which the enhancement may
apply, including
drug crimes,
violent crimes,
kidnapping, sex crimes,
burglary,
robbery,
theft,
fraud, and more.
Punishment for Gang-Enhanced Crimes in Utah
If you are charged with an offense that is subject to a gang
enhancement, the level of the charge may be increased by one step.
For example, a class A misdemeanor would become a felony charge.
And a mid-level felony would become a first degree felony punishable by
up to life in prison. Potential fines for some gang-enhanced crimes can
be more than double the fine for a standard criminal charge.
Finding a Criminal Defense Lawyer in Salt Lake City, Utah
Any criminal case is serious. But if you are facing a
criminal charge subject to a gang enhancement, the
stakes are even
higher. Based in Salt Lake City,
criminal defense attorney
Stephen Howard offers legal services to clients throughout
Utah.
Contact us
today to schedule an initial consultation. See what an
experienced attorney can do for you.
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