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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