The Law Offices of Jonathan F. Marshall
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Gang Criminality

Neptune NJ Gang Defense Lawyers

Monmouth County is not immune to gang activity. Members of organized street gangs like the Bloods, the Crips, and the Latin Kings are live all over the county including in Asbury Park, Neptune, Freehold, Keansburg and Manalapan. Motorcycle clubs known as the Pagans, the Breed, and the Warlocks are also associated with gang activity within the jurisdiction of the Monmouth County Prosecutor’s Office. When these organizations engage in illegal activities such as distribution of heroin, possession of a weapon for an unlawful purpose and other serious criminal offenses, N.J.S.A. 2C:33-29 sets forth a separate and additional charge known as the “crime of gang criminality”.  The jail term imposed for violating this law must be run consecutive to any sentence imposed for the underlying crime.

The gang criminality defense lawyers at our firm have been successfully defended cases at the Monmouth County Superior Court, Freehold, NJ, for decades. At least four of the attorneys on our staff possess over 20 years practicing in this jurisdiction and several have also served as prosecutors within the county. An attorney at the firm is available 24/7 to discuss a new charge, help with bail or any other reason. The consultation is free and we can be reached in our Red Bank Office or Freehold Office now.

New Jersey Gang Criminality Offense

N.J.S.A. 2C:33-29 applies to those who are knowingly involved in street gang activity and attempt, commit or conspire to commit one of the crimes set forth in the statute. The offenses falling under 2C:33-29 include robbery, carjacking, aggravated assault, assault, aggravated sexual assault, sexual assault, arson, burglary, kidnapping, extortion, tampering with witnesses and informants, unlawful possession of a weapon, and prostitution offenses. An individual is deemed to be involved in gang activities if two (2) of the following sources confirm their membership:

  1. They admit;
  2. Witnesses;
  3. Written or  electronic documentation;
  4. Paraphernalia or photographs;
  5. Tattoos;
  6. Clothing or colors; or
  7. Any other indicia of street gang activity.

The State is required to prove that the accused was not only involved in gang activities but also that he/she is guilty of a criminal offense falling within the statute.

Gang Criminality is charged as one degree higher than the underlying criminal offense allegedly being committed/attempted. For example, if the underlying offense was an aggravated sexual assault, a crime of the second degree, the gang criminality offense would be a crime of the first degree. If the predicate offense is itself a first degree crime, then there is enhancement of the penalties in the form of a state prison term of 15-30 years as opposed to the standard period under N.J.S.A. 2C:43-6 of 10-20 years. A sentence imposed for gang criminality must be served consecutively (meaning back-to-back) with the sentence for the underlying offense.

Manalapan Gang Charge Attorney

N.J.S.A. 2C:33-29 significantly enhances the penalties for crimes committed in the furtherance of a street gang. The consequences are more than double what you would face absent the gang criminality charge. It is certainly in your interest to obtain representation from an experienced criminal attorney as soon as possible if you were arrested and/or charged with this offense in Howell, Middletown, Red Bank or other municipality.  The defense lawyers at The Law Offices of Jonathan F. Marshall have a strong understanding of both street gangs and the workings of cases at the county courthouse in Freehold. Our attorneys are prepared to put our wealth of knowledge to work for you and your family. We can be reached immediately by calling 732-450-8300 or 732-462-1197.