Colorado “Gang Crime” Laws, Penalties & Defenses

Colorado law does not increase criminal sentences for gang-related offenses. However, your gang affiliations may cause courts to impose a prison term on the higher end of the penalty range.

Furthermore, the criminal nature of gangs makes members vulnerable to racketeering and other charges. Plus, using a dangerous weapon during any crime of violence will enhance the sentence by five years, whether gang-related or not.

In this article, our Denver criminal defense attorneys will address the following key issues regarding Colorado gang crimes:

• 1. “Gang” Meaning
• 2. Extra Penalties
• 3. Common Crimes
• 4. Defenses
• 5. Colorado Gangs
• Frequently Asked Questions
• Additional Resources

1. “Gang” Meaning

Colorado criminal street gangs are ongoing organizations of three or more people whose intent is to commit serious crimes, and they engage in a “pattern of criminal gang activity.” A pattern of criminal gang activity means:

[T]he commission, attempt, conspiracy, or solicitation of two or more predicate criminal acts which are committed on separate occasions or by two or more persons.

These “predicate criminal acts” consist of either:

• any conduct defined as racketeering activity in CRS 18-17-103(5); and/or
  
• retaliation against a witness or crime victim in violation of CRS 18-8-706.¹

Common examples of gang-related criminal conduct include criminal mischief, assault, vandalism, defacing property, illegal discharge of a firearm, and other property and violent crimes. Some gangs center around such criminal enterprises as drug trafficking and money laundering.

Gangs typically include young people in their late teens and early twenties.

2. Extra Penalties

There is no sentencing enhancement for gang-related crimes in Colorado. Therefore, gang members and non-gang members face the same sentencing range under state law for committing the same criminal offense.

However, your gang affiliation can be presented as evidence during a sentencing hearing if it is relevant to the nature of the offense and your character.

Example: As part of his youth gang initiation, Maurice robs a pedestrian at gunpoint. Maurice is convicted of robbery. During his sentencing hearing, the judge admits evidence of Maurice’s gang involvement because it “sheds light on his tendency toward aggression, rage, and assaultive behavior.” Therefore, this evidence may influence the judge’s sentencing decision.

In short, gang membership cannot be the main reason why a judge imposes a particular sentence. Though it can be a factor as long as it is relevant to the case and your character.²

3. Common Crimes

The following chart lists typical Colorado gang offenses and their punishments.

Note that recruiting a juvenile under 18 years of age for a criminal street gang (CRS 18-23-102) is a misdemeanor offense in Colorado. Penalties include up to 364 days in jail and/or fines of up to $1,000.

Also, note that committing a crime of violence with a dangerous or deadly weapon – such as a gun or knife – adds a five-year sentence enhancement to the prison term.³

4. Defenses

Here at Colorado Legal Defense Group, we have represented many people accused of gang-related activity. In our experience, the following five defenses have proven very effective with prosecutors, judges, and juries at getting these charges reduced or dismissed.

1. Mistaken identity. Many gang members dress alike, so perhaps the police officers mistook you for the real culprit.
2. False accusations. It is not uncommon for people to falsely accuse others – particularly rival gang members – out of anger or revenge.
3. No criminal activity. Just because one gang member committed a crime does not mean that the other members are guilty by association. As long as you had no hand in planning or executing the crime, criminal charges should not stand.
4. Unlawful search. If a law enforcement agency conducted an unlawful search, then we can ask the court to disregard any evidence found through the search. If the judge agrees, the prosecution’s case may be too weak to continue.
5. Entrapment. Police department officers are allowed to go undercover and trick people who are already predisposed to breaking the law into committing a crime. So if you would not have committed the crime but for the police’s pressure, then the charge could be dismissed on entrapment grounds.

Common evidence in these cases includes eyewitness testimony, medical records, surveillance video, GPS records, and expert forensic testimony. Your case should be dropped if the district attorney has insufficient evidence to prove guilt beyond a reasonable doubt.

Colorado is no stranger to criminal gang activity.

5. Colorado Gangs

The national gang, the Crips, is one of the larger gangs in Denver. Its subsets include:

• Tre Tre Crips
• Tre 31st
• Tre Duce
• Tre Tre Finest

Other gangs include the Rollin’ 30s, the Bloods, Gallant Knights Insane, 303 Mafia, North Side Mafia, Inca Boyz, 18th Street gang, and 211 Crew.

Colorado’s gang activity is typically centered in Federal Heights, Aurora, Englewood, Commerce City, East Denver, Thornton, 5 Points, Lakewood, Sheridan, Mountain View, Twin Lakes, Sherrelwood, and North-East Park Hill.

There is no gang enhancement for Colorado criminal sentences.

Frequently Asked Questions

Does gang membership automatically increase my sentence in Colorado?

No. Colorado law does not have sentencing enhancements for gang-related crimes. Gang members face the same penalty ranges as non-gang members for the same offense.

However, gang affiliation may be presented as evidence during sentencing if it is relevant to the crime or your character, potentially influencing the judge’s decision.

What makes something a “gang crime” under Colorado law?

A criminal street gang is three or more people who organize to commit serious crimes and engage in a “pattern of criminal gang activity.” This means committing, attempting, or conspiring to commit two or more predicate crimes on separate occasions or by different people.

Common gang crimes include assault, robbery, racketeering, and illegal firearm discharge.

Can I be charged with a crime just for being a gang member?

No. Simply being associated with a gang is not a crime by itself.

You must have actively participated in planning or executing criminal activity to face charges. Gang membership alone cannot make you guilty by association for crimes committed by other members.

What defenses work best against gang-related charges?

Common successful defenses include mistaken identity (since gang members often dress alike), false accusations from rivals, proving no actual criminal activity occurred, challenging unlawful searches by police, and entrapment if officers pressured you into committing crimes you would not normally commit.

The key is showing the prosecution lacks evidence to prove guilt beyond a reasonable doubt.

Additional Resources

For information about gang violence prevention, refer to the following:

• National Gang Center – A program of the U.S. Department of Justice that conducts research, collects data, and provides training and resources to inform efforts to prevent and intervene against gang violence and crimes.
• Office of Juvenile Justice and Delinquency Prevention – Government program that supports states, local communities, and tribal jurisdictions in their efforts to develop and implement effective programs for juveniles through research, grants, and technical assistance.
• Gang Involvement Prevention – A Youth.gov article about how organizations are trying to prevent gangs and gang violence.
• Homeboy Industries – The world’s biggest gang rehabilitation and re-entry program.

See our related articles on contributing to the delinquency of a minor (CRS 18-6-701), drug use (CRS 18-18-404), extortion (CRS 18-3-207), and domestic violence.

Legal References