West Virginia law increases penalties for violent crimes when gang involvement is a factor. If you are facing accusations of committing a violent crime, you need to understand how to defend yourself if the prosecution claims that you have associations with gang activity.
Understanding what the law defines as “gang involvement” is the first step toward recognizing how it might impact charges and sentencing.
What does the law say about gang involvement?
Under West Virginia’s Anti-Organized Criminal Enterprise Act, a criminal gang is an organization or group of three or more people. This group must share a common name, sign or symbol. Members of the group must also engage in a pattern of criminal activity. This can include violent crimes such as assault, robbery or murder. It can also involve drug trafficking, illegal weapons possession or even threats of violence.
Gang involvement becomes a legal issue when a person commits a violent crime for the benefit of a criminal gang. This means the person acts to gain status, show loyalty or carry out an order from the group. If the court finds that the crime connects to gang activity, the penalties become more severe. For example, a person who commits a felony with gang ties may face longer prison time than someone who committed the same crime without that connection.
How does the prosecution prove gang involvement?
The court may accept evidence such as social media posts, tattoos, clothing or verbal admissions as proof of gang involvement. Testimony from witnesses or police officers may also play a role. Simply knowing gang members or being present at a crime scene does not automatically prove gang involvement. However, active participation in the group’s criminal activity can lead to elevated charges.
West Virginia takes violent crime seriously. Gang involvement can absolutely affect an already-severe violent crime case. Increased penalties, longer sentences and more serious charges can result from even limited gang-related actions. Knowing how the law defines and handles gang involvement can help you avoid serious legal trouble.
