Virginia Penal Law Statutes
Criminal Gang Defense
Virginia Penal § 18.2-46.1. Definitions.
As used in this article unless the context requires otherwise or it is otherwise provided:
“Act of violence” means those felony offenses described in subsection A of § 19.2-297.1.
“Criminal street gang” means any ongoing organization, association, or group of three or more persons, whether formal or informal, (i) which has as one of its primary objectives or activities the commission of one or more criminal activities; (ii) which has an identifiable name or identifying sign or symbol; and (iii) whose members individually or collectively have engaged in the commission of, attempt to commit, conspiracy to commit, or solicitation of two or more predicate criminal acts, at least one of which is an act of violence, provided such acts were not part of a common act or transaction.
“Predicate criminal act” means (i) an act of violence; (ii) any violation of § 18.2-42, 18.2-46.3, 18.2-51, 18.2-51.1, 18.2-52, 18.2-53, 18.2-53.1, 18.2-55, 18.2-56.1, 18.2-57, 18.2-57.2, 18.2-59, 18.2-83, 18.2-121, 18.2-127, 18.2-128, 18.2-137, 18.2-138, 18.2-146, 18.2-147, subsection H, H1 or H2 of § 18.2-248, § 18.2-248.01, 18.2-255, 18.2-255.2, 18.2-282.1, 18.2-286.1, 18.2-287.4, 18.2-308.1, or 18.2-356; (iii) a second or subsequent felony violation of subsection C of § 18.2-248 or of § 18.2-248.1; (iv) any violation of a local ordinance adopted pursuant to § 15.2-1812.2; or (v) any substantially similar offense under the laws of another state or territory of the United States, the District of Columbia, or the United States.
Virginia Penal § 18.2-46.2. Prohibited criminal street gang participation; penalty.
A. Any person who actively participates in or is a member of a criminal street gang and who knowingly and willfully participates in any predicate criminal act committed for the benefit of, at the direction of, or in association with any criminal street gang shall be guilty of a Class 5 felony. However, if such participant in or member of a criminal street gang is age eighteen years or older and knows or has reason to know that such criminal street gang also includes a juvenile member or participant, he shall be guilty of a Class 4 felony.
B. Violation of this section shall constitute a separate and distinct offense. If the acts or activities violating this section also violate another provision of law, a prosecution under this section shall not prohibit or bar any prosecution or proceeding under such other provision or the imposition of any penalties provided for thereby.
Virginia Penal § 18.2-46.3. Recruitment of persons for criminal street gang; penalty.
A. Any person who solicits, invites, recruits, encourages or otherwise causes or attempts to cause another to actively participate in or become a member of what he knows to be a criminal street gang is guilty of a Class 1 misdemeanor. Any person age 18 years or older who solicits, invites, recruits, encourages or otherwise causes or attempts to cause a juvenile to actively participate in or become a member of what he knows to be a criminal street gang is guilty of a Class 6 felony.
B. Any person who, in order to encourage an individual (a) to join a criminal street gang, (b) to remain as a participant in or a member of a criminal street gang, or (c) to submit to a demand made by a criminal street gang to commit a felony violation of this title, (i) uses force against the individual or a member of his family or household or (ii) threatens force against the individual or a member of his family or household, which threat would place any person in reasonable apprehension of death or bodily injury, is guilty of a Class 6 felony. The definition of “family or household member” set forth in § 16.1-228 applies to this section.
Virginia Penal § 18.2-46.3:1. Third or subsequent conviction of criminal street gang crimes.
Upon a felony conviction of § 18.2-46.2 or § 18.2-46.3, where it is alleged in the warrant, information or indictment on which a person is convicted that (i) such person has been previously convicted twice under any combination of § 18.2-46.2 or § 18.2-46.3, within 10 years of the third or subsequent offense, and (ii) each such offense occurred on different dates, such person is guilty of a Class 3 felony.
Virginia Penal § 18.2-46.3:2. Forfeiture.
All property, both personal and real, of any kind or character used in substantial connection with, intended for use in the course of, derived from, traceable to, or realized through, including any profit or interest derived from, any conduct in violation of any provision of this article is subject to civil forfeiture to the Commonwealth. Further, all property, both personal and real, of any kind or character used or intended to be used in substantial connection with, during the course of, derived from, traceable to, or realized through, including any profit or interest derived from, criminal street gang member recruitment as prohibited under § 18.2-46.3 is subject to civil forfeiture to the Commonwealth. The forfeiture proceeding shall utilize the provisions of Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2 and the procedures specified therein shall apply, mutatis mutandis, to all forfeitures under this article. The application of one civil remedy under the article does not preclude the application of any other remedy, civil or criminal, under this article or any other provision of the Code.
Virginia Penal § 18.2-46.3:3. Enhanced punishment for gang activity taking place in a gang-free zone; penalties.
Any person who violates § 18.2-46.2 (i) upon the property, including buildings and grounds, of any public or private elementary, secondary, or postsecondary school, or any public or private two-year or four-year institution of higher education; (ii) upon public property or any property open to public use within 1,000 feet of such school property; (iii) on any school bus as defined in § 46.2-100; or (iv) upon the property, including buildings and grounds, of any publicly owned or operated community center or any publicly owned or operated recreation center is guilty of a felony punishable as specified in § 18.2-46.2, and shall be sentenced to a mandatory minimum term of imprisonment of two years. A person who violates subsection A of § 18.2-46.3 upon any property listed in this section is guilty of a Class 6 felony, except that any person 18 years of age or older who violates subsection A of § 18.2-46.3 upon any property listed in this section, when such offense is committed against a juvenile, is guilty of a Class 5 felony. Any person who violates subsection B of § 18.2-46.3 upon any property listed in this section is guilty of a Class 5 felony. It is a violation of this section if the person violated § 18.2-46.2 or 18.2-46.3 on the property described in clauses (i) through (iii) regardless of where the person intended to commit such violation.
Virginia Criminal Gang Defense Crimes Lawyers Attorneys
Virginia Defense Attorneys
Gang Crimes and Gang Enhancement
Our Virginia gang defense attorneys regularly defend clients who are accused of being a member of a criminal gang and are being accused of:
• Murder
• Drug Charges
• Gun Charges
• Robbery
• Prostitution
If you have been accused of being a criminal gang member in Virginia you need an attorney who is not going to back down and can think creatively as to the defenses that can be raised in your defense.
If you wish to talk with a Virginia criminal gang defense attorney, please call us at 888-437-7747 or contact us via our on line form.
DO NOT LET YOURSELF BE ACCUSED OF A GANG RELATED CRIME
A gang related criminal charge in Virginia has much more serious ramifications if the person accused of committing the crime is alleged to be also a gang member. The penalties and jail time are greater simply because the crime is deemed to be gang related.
Prosecutors and police officers frequently charge a person as a gang member in Virginia even if they are not a part of a criminal gang. Do not let yourself be labeled as a gang member. If you let the justice system label you as a gang member, this label will follow you for the rest of your life and result in much more scrutiny and penalties. Many times, simply being friendly with someone who is already labeled as a gang member can result in the police and the prosecutor labeling you as a gang member.
The Virginia gang defense attorneys of the SRIS Law Group, P.C. who defend clients charged with being part of a criminal street gang or gang related crimes aggressively defend clients charged with these offenses.
A lot of people simply want to be a part of a community and some of the members of that community may be part of a criminal street gang. That does not necessary mean that all members of that community are committing crimes and are actual members of a criminal street gang.
Unfortunately, that does not stop the police in Virginia from labeling all members of that community as a gang member.
Law Firm of SRIS PC
SRIS PC has law offices throughout Virginia.
In Virginia, we have offices in Northern Virginia, Central Virginia, Western Virginia & the Hampton Roads/Tidewater Area.
In Virginia, we’re located in Fairfax, Fredericksburg, Lynchburg, Manassas, Richmond & Virginia Beach.
The Virginia criminal defense attorneys of SRIS, P.C. are not afraid to represent clients who are charged with being part of a gang or committing a gang related crime.
The media frequently portrays anybody who is accused of a being a gang member as a violent, evil person. This results in people having severe negative impressions of that person. Our Virginia criminal defense attorneys are not swayed by the media or public opinion. We believe every client deserves the strongest defense we can mount on their behalf regardless of their affiliation to a group of people.
We take the time to educate the court and the prosecutor that our client is a family member, an honest hard working person trying to earn a living and a member of the community. We also impress upon the court that our client is not a gang member and the fact that our client is an individual who deserves the same level of fairness from the justice system.
Our clients realize that it is critical to have a criminal gang defense attorney in Virginia who is comfortable defending clients accused of being a gang member.
If you wish to view some of the laws that pertain to being accused of being a criminal gang member in Virginia, please click on Virginia Gang Defense.
Our Virginia attorneys who provide criminal gang defense and staff in Virginia speak the following languages in addition to English: Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.
Please click on attorneys to learn more about the criminal street gang defense lawyers who assist clients with criminal street gang charges in Virginia.
Our Virginia criminal defense attorneys defend criminal cases in the following jurisdictions:
Accomack County, Albemarle County, Charlottesville, Alleghany County, Amelia County, Amherst County, Appomattox County, Arlington County, Augusta County, Bath County, Bedford County, Bland County, Botetourt County, Brunswick County, Buchanan County, Buckingham County, Campbell County, Caroline County, Carroll County, Charles City County, Charlotte County, Chesterfield County, Clarke County, Craig County, Culpeper County, Cumberland County, Dickenson County, Dinwiddie County, Essex County, Fairfax County, Fairfax City, Fauquier County, Floyd County, Fluvanna County, Franklin County, Frederick County, Giles County, Gloucester County, Goochland County, Grayson County, Greene County, Greensville County, Emporia, Halifax County, Hanover County, Henrico County, Henry County, Highland County, Isle of Wight County, James City County, King and Queen County, King George County, King William County, Lancaster County, Lee County, Loudoun County, Louisa County, Lunenburg County, Madison County, Mathews County, Mecklenburg County, Middlesex County, Montgomery County, Nelson County, New Kent County, Northampton County, Northumberland County, Nottoway County, Orange County, Page County, Patrick County, Pittsylvania County, Powhatan County, Prince Edward County, Prince George County, Prince William County, Pulaski County, Rappahannock County, Richmond County, Roanoke County, Rockbridge County, Rockingham County, Russell County, Scott County, Shenandoah County, Smyth County, Southampton County, Spotsylvania County, Stafford County, Surry County, Sussex County, Tazewell County, Warren County, Washington County, Westmoreland County, Wise County, Wythe County, York County, City of Alexandria, City of Bedford, City of Bristol, City of Charlottesville, City of Chesapeake, City of Colonial Heights, City of Covington, City of Danville, City of Emporia, City of Fairfax, City of Falls Church, City of Franklin, City of Fredericksburg, City of Galax, City of Hampton, City of Harrisonburg, City of Hopewell, City of Lexington, City of Lynchburg, City of Manassas, City of Manassas Park, City of Martinsville, City of Newport News, City of Norfolk, City of Norton, City of Petersburg, City of Poquoson, City of Portsmouth, City of Radford, City of Richmond, City of Roanoke, City of Salem, City of Staunton, City of Suffolk, City of Virginia Beach, City of Waynesboro, City of Williamsburg, City of Winchester.
How your case is handled may make all the difference in world as to how your life progresses from this potentially traumatic event. Don’t let someone who will not keep you informed as to the status of your case keep you in the dark. The relationship you have with your attorney during this very difficult period can have a substantial impact on your mental health. You need and deserve a lawyer who is looking out for you.
What you do not want is a lawyer who is engaging in unnecessary litigation. You want a lawyer who will take the time to sit down with you and explain the process and why a particular strategy is being used. You want a lawyer who will listen to you and keep your best interests at heart.
How can a SRIS Law Group lawyer help you?
First and foremost, we will discuss your case with you. We will explain to you the different options you have and the pros and cons of each option. We do not require clients to come in and sit down and talk with us. Certainly, our clients are welcome to come in and talk with us. However, we understand that clients are very busy and may not have the time to come to the office. Therefore, we allow clients to consult with us by phone first and let the clients decide whether they need to come in and meet with their attorney. To learn more about how a SRIS Law Group lawyer can help you, please call us at 888-437-7747 and speak with a lawyer the same day.
If you are dealing with a case, contact the SRIS Law Group attorneys for help. Our lawyers have been helping clients with cases for many years and are experienced at helping clients solve their problems.
Virginia Lawyer
Former State Trooper
