Gang Offenses in Florida

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. The maximum 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!

If you or your loved one are in need of information on Gang Offenses, call us at 407-930-8912 to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans. In addition to our Orlando location, we have offices in the following cities across the state of Florida:

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