Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado In-Depth
It is normal to be frightened and overwhelmed following an arrest. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law.
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Call Us NowColorado law does not enhance criminal sentences for gang-related crimes. However, the criminal nature of gangs makes members vulnerable to racketeering and other charges. Using a dangerous weapon during crimes of violence will enhance criminal sentences by five years. And when defendants are being sentenced, the court may consider relevant evidence of their past or present gang affiliations.
In this article, our Denver Colorado criminal defense attorneys discuss:
There is no gang enhancement for Colorado criminal sentences.
Colorado criminal street gangs are ongoing organizations of three-plus 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:
Gangs typically include young people in their twenties and teens. Common examples of gang-related criminal conduct include criminal mischief (CRS 18-4-501), assault, vandalism, defacing property, illegal discharge of a firearm (CRS 18-12-107.5), and other property and violent crimes. Some gangs center around such criminal enterprises as drug trafficking and money laundering.
There is no statutory sentencing enhancement for Colorado crimes committed in pursuit of gang-related activities. Therefore, gang members and non-gang members face the same sentencing range under state law for committing the same criminal offense.
However, a defendant’s gang affiliation can come in as evidence during a sentencing hearing if it is related to the nature of the offense and the defendant’s 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.” And this evidence may influence the judge’s sentencing decision.
In short, a defendant’s gang membership cannot be the main reason why a judge imposes a particular sentence. But it can be a factor as long as it is relevant to the case and the defendant’s character.2
Gang crime |
Colorado penalties |
Racketeering (CRS 18-17-104) | Class 2 felony:
The mandatory parole period is 3 years or 5 years, depending on whether it involved a crime of violence. |
Witness retaliation (CRS 18-8-706) | Class 3 felony :
The mandatory parole period is 3 years. |
Second-degree assault (CRS 18-3-203) as a crime of violence | Class 4 felony:
The mandatory parole period is 3 years. |
Illegal discharge of a firearm (CRS 18-12-107.5) | Class 5 felony:
The mandatory parole period is 2 years. |
Criminal mischief (CRS 18-4-501) of $1,000 to less than $5,000 | Class 6 felony:
The mandatory parole period is 1 year. |
Aggravated robbery (CRS 18-4-302) |
The mandatory parole period is 3 years. |
Third-degree arson (CRS 18-4-104) | Class 4 felony:
The mandatory parole period is 3 years. |
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
The best defenses turn on the specific charges and available evidence. In general, five effective defenses to gang-related crimes include the following:
In any criminal case, prosecutors bear the burden to prove guilt beyond a reasonable doubt. Common evidence includes eyewitness testimony, medical records, surveillance video, GPS records, and expert forensic testimony. If the district attorney has insufficient evidence to sustain a conviction, the case should be dismissed.
The national gang the Crips is one of the larger gangs in Denver. Its subsets include:
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.
Call our criminal justice system law firm for legal advice. We offer free consultations.
Arrested for a misdemeanor or felony offense involving gang violence or other crimes? We appear in state and federal law courts throughout Colorado.
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.
In California? See our article on gang enhancements (PC 186.22)
In Nevada? See our article on gang enhancements (NRS 193.168).