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Gang Offenses in Florida

Gang Offenses in Florida

Gang Offenses in Florida, Criminal Law 32811, Gang Offense Lawyers, Gang Attorneys 32819

Gang Offenses in Florida. Questions about your case? Does it qualify as a gang offense? Call us for a FREE CONSULTATION. 407-930-8912

Gang Offenses in Florida carry an automatic enhancement. Below we will explore the enhancement and what is required for an offense to be classified as gang-related.

  • Gang Offenses Defined: Gang Offenses are those criminal acts that are committed for the purpose of benefiting, promoting, or furthering the interests of a criminal gang. In other words, they are those criminal acts that are committed in furtherance of a gang affiliation.
  • Criminal Enhancements for Gang Offenses: According to Florida Statute 874.04, a gang offense is enhanced by one degree. 874.04(1)(a) states that a misdemeanor of the second degree may be punished as if it were a misdemeanor of the first degree. (1)(b) states that a misdemeanor of the first degree may be punished as if it were a felony of the third degree. (2)(a) states that a felony of the third degree may be punished as if it were a felony of the second degree. (2)(b) states that a felony of the second degree may be punished as if it were a felony of the first degree. (2)(c) states that a felony of the first degree may be punished as if it were a life felony.
  • Examples of enhancements for gang offenses:
    • Example A: Let’s assume that a person engages in a simple battery. In other words, they walk up to a stranger and punch them. This is a simple battery, and would be punished as a misdemeanor, not a felony. Max penalty is 1 year in jail.
    • Example B: Let’s assume that a person engages in a simple battery. BUT, the simple battery was committed as part of a gang initiation. E.g. The gang member is told he must go punch a stranger to show his loyalty to the gang. This crime can be enhanced to a third degree felony, punishable by up to 5 years in prison!

Gang Offenses in Florida. Call us. 407-930-8912

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