Have You Been Charged with a Gang-Related Crime?
In Boulder and across Colorado, law enforcement is cracking down hard on alleged gang activity. Even a slight connection to a suspected gang can lead to serious criminal charges that can change your life. Prosecutors often take an aggressive stance in these cases, seeking to make an example out of the accused. You need an equally aggressive defense attorney who won’t back down from a fight.
At Dawson Law Office, our Boulder gang charges lawyers have extensive experience defending clients against the full spectrum of gang-related allegations, from minor offenses to the most serious felonies. We understand the high stakes you’re facing, and we’re committed to mounting a powerful defense to protect your freedom and future.
If you or a loved one is facing gang charges in Boulder, contact our legal team today for a consultation.
Gang Enhancement Charges in Boulder, CO
Colorado law implicitly defines gang-related crimes in its organized crime laws.
Organized Crime Activities
Gang-related offenses can include a wide range of crimes against a person or property, including:
- Drug possession and distribution
- Assault and battery
- Robbery and burglary
- Weapons offenses
- Vandalism and graffiti
Penalties are significantly enhanced when prosecutors find a crime involving gang activity.
A conviction for said offense can result in longer prison sentences, higher fines, and a permanent criminal record that can impact your life for years to come.
Colorado’s Organized Crime Control Act (COCCA)
COCCA, codified in Colo. Rev. Stat. § 18-17-101, is the leading law district attorneys use to prosecute gang-related crimes in Colorado.
Under COCCA, individuals who engage in a pattern of “racketeering activity” as part of an “enterprise” can face enhanced penalties.
The Act defines racketeering as any of the numerous predicate crimes listed in the statute, including:
- Murder
- Assault
- Robbery
- Burglary
- Extortion
- Fraud
- Drug offenses
To add COCCA charges to a sentence, prosecutors must show the following:
- The defendant committed at least two predicate crimes within ten years.
- The accused was part of an ongoing criminal enterprise when engaging in the offenses.
We can advise whether the prosecution has enough evidence to add COCCA charges to the offense that you’re currently facing.
Sentence Enhancements for Extraordinary Risk Crimes
While Colorado does not have a specific gang enhancement statute, the state does provide for increased penalties for certain crimes that it considers to be of “extraordinary risk.”
Under Colo. Rev. Stat. § 18-1.3-401(10), crimes such as aggravated robbery, child abuse, and certain drug offenses are subject to enhanced sentencing ranges.
- Class 3 felonies – four-year increase
- Class 4 felonies – two-year increase
- Class 5 felonies – one-year increase
- Class 6 felonies – six-month increase
Although not explicitly tied to gang activity, prosecutors can apply these enhanced penalties in cases where they find the defendant to be a member of a criminal street gang and the crime was committed as part of that gang’s activities.
The Racketeering Influenced and Corrupt Organizations (RICO) Act
In addition to state gang enhancement statutes, federal law also allows for charges under the Racketeering Influenced and Corrupt Organizations (RICO) Act.
Codified under 18 USC §§ 1961-1968, this Act empowers the US Attorney to bring charges against individuals who engage in a pattern of racketeering activity as part of an enterprise.
In the context of Colorado gang enhancement charges, law enforcement can use the RICO Act to prosecute gang members who engage in a pattern of criminal activity in the state, such as drug trafficking, extortion, or violence.
Prosecutors can charge you with RICO racketeering if you:
- Knowingly or intentionally receive proceeds derived from racketeering activity.
- Acquire or maintain an interest in an enterprise that engages in racketeering activity.
- Conduct or participate in an enterprise that engages in racketeering activity.
RICO charges are also grave and can likewise result in lengthy prison sentences and significant fines.
Work with an experienced gang crimes defense attorney if you’re facing RICO charges in connection with alleged gang activity in Boulder.
Law Enforcement’s Approach to Gang Crimes
The Boulder Police Department takes gang-related crimes very seriously. They often collaborate with multi-agency task forces to investigate and prosecute gang activity.
These agencies may include representatives from the FBI, DEA, and other federal agencies.
When building a defense strategy, your criminal defense lawyer should understand the tactics law enforcement uses to investigate gang crimes.
- Surveillance and wiretapping.
- Informants and undercover operations.
- Search warrants and seizures.
- Witness interviews and interrogations.
Effective criminal defense lawyers can subpoena the evidence obtained during investigations to find holes or mishaps that weaken the prosecutor’s case.
Building a Strong Defense Strategy
Your attorney must build your gang enhancement defense strategy around the specifics of your case.
We begin this process by conducting a thorough investigation and gathering facts to support our defense.
Our team may challenge the evidence presented by the prosecution, argue for reduced charges, or negotiate a plea bargain at any time during proceedings.
Some potential defense strategies in gang-related cases include:
- Challenging the credibility of witnesses or informants.
- Arguing that the defendant was not an active participant in the gang.
- Presenting evidence of coercion or duress.
- Demonstrating a lack of knowledge or intent.
Mitigation and Sentencing Alternatives
Sometimes, it’s possible to negotiate a plea bargain or seek alternative sentencing options. We work diligently with prosecutors to reduce or divert charges in your case.
This task may involve presenting mitigating factors to the court, such as:
- Lack of prior criminal history.
- Participation in rehabilitation programs.
- Cooperation with law enforcement.
- Family responsibilities or community ties.
Choosing the Right Boulder Gang Charges Lawyer
When choosing a criminal defense lawyer, experience handling complex, extraordinary risk, COCCA, or RICO cases is what you should look for.
Find an attorney who:
- Has a deep understanding of Colorado’s gang laws and the local court system.
- Possesses successful outcomes in defending clients against state and federal gang-related charges.
- Offers personalized attention and responsive communication throughout your case.
- Is committed to protecting your rights and achieving the best possible outcome.
Why Plea Bargains Matter in Gang Enhancement Cases
Plea bargains happen regularly in gang enhancement cases, and they play a significant role in determining the outcome of your case.
Here, you and the prosecutor will make an agreement, where in exchange for pleading guilty to a lesser charge or receiving a reduced sentence, you waive your right to trial.
The advantages of plea-bargaining
Plea bargaining becomes an attractive option in a gang enhancement case when:
- The strength of the evidence against you makes a conviction at trial more likely.
- Potential severe penalties for a gang enhancement conviction are at play.
- You want to avoid a trial’s stress, uncertainty, and public exposure.
However, accepting a plea bargain is a serious decision that you must carefully consider with the guidance of an experienced criminal defense attorney.
We can help you weigh the pros and cons of a plea bargain and ensure that any agreement reached is in your best interests.
Contact Dawson Law Office for Gang Crime Defense
If you’ve been arrested or charged with any gang-related crime in Boulder, act fast to protect your rights and start building your defense. Our experienced attorneys at Dawson Law Office are here to stand up for you and fight back against overzealous prosecution tactics.
We’ll leave no stone unturned in investigating your case, challenging the evidence against you, and advocating for your interests at every stage of the legal process.
Don’t let gang charges ruin your life – contact our Boulder office today.
