Gang Crimes – NRS 193.168

Overview

Gang crimes are a serious issue addressed under Nevada Revised Statute (NRS) 193.168. This law targets criminal activities that are conducted as part of a gang or gang-related activities, reflecting the state’s commitment to combat gang violence and criminal enterprises. Understanding the implications of this statute is crucial for individuals accused of gang-related offenses, their families, and legal professionals.

Definition of Gang Crimes

Under NRS 193.168, “gang crimes” refer to criminal activities that are committed by individuals as part of an organized gang. Key components of the law include:

1. Organized Gang: The statute defines a gang as a group of three or more persons that engages in criminal activities and shares a common name, symbol, or identifying sign.
2. Criminal Activities: Gang crimes can encompass a wide range of offenses, including but not limited to:
   • Drug trafficking.
   • Robbery.
   • Assault.
   • Homicide.
3. Pattern of Criminal Activity: The law recognizes that gang crimes often involve a pattern of coordinated criminal behavior that threatens public safety.

Legal Requirements for Prosecution

To secure a conviction for gang crimes under NRS 193.168, the prosecution must prove several elements beyond a reasonable doubt:

1. Existence of a Gang: The prosecution must establish that the accused was part of an organized gang as defined by the statute.
2. Participation in Criminal Activities: It must be shown that the accused engaged in criminal activities that are connected to the gang.
3. Intent: The prosecution must demonstrate that the accused acted with intent to promote or further the gang’s criminal activities.

Related Offenses

Gang crimes are related to several other offenses, including:

• Conspiracy to Commit a Crime – NRS 199.480: Involves agreements among gang members to engage in criminal activities.
• Drug Trafficking – NRS 453.338: Many gang-related crimes involve the sale and distribution of illegal drugs.
• Violent Crimes – NRS 200.0: Gang-related offenses often include violent acts such as assault or homicide.

Examples of Gang Crimes

To illustrate how NRS 193.168 is applied, consider these examples:

• Example 1: A group of individuals associated with a gang is involved in a series of armed robberies in their neighborhood. Each member plays a specific role in the planning and execution of the crimes, making them liable under gang crime statutes.
• Example 2: An individual is charged with drug trafficking as part of a gang’s operations, where they facilitated the distribution of narcotics in their community. This participation can lead to enhanced penalties due to the gang affiliation.

Penalties for Gang Crimes

The penalties for gang crimes under NRS 193.168 can be severe:

• Category B Felony: Many gang-related offenses are classified as Category B felonies, which carry:
  • Imprisonment: 2 to 15 years in the Nevada Department of Corrections.
  • Fines: Up to $15,000.
• Enhanced Penalties: If the crime involved violence or resulted in significant harm to individuals or property, the penalties may be further increased.

Defenses Against Gang Crime Charges

If you are facing charges for gang crimes under NRS 193.168, several defenses may apply:

1. Lack of Gang Affiliation: Demonstrating that the accused was not a member of a gang or did not participate in gang activities can be a strong defense.
2. Insufficient Evidence: If the prosecution cannot provide adequate evidence to prove that the accused engaged in criminal activities as part of a gang, the charges may be dismissed.
3. Misunderstanding of Intent: If the accused can show that their actions were misinterpreted and not intended to promote gang activity, this may serve as a defense.
4. Coercion or Duress: If the accused was forced to participate in gang-related activities under threat or coercion, this can be a valid defense.

The Importance of Legal Representation

Navigating the complexities of gang crime charges requires knowledgeable legal representation. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling gang-related cases equips him to provide a robust defense against charges under NRS 193.168.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and understanding the intricacies of Nevada’s legal landscape make him a strong advocate in cases involving gang crimes.

Understanding Your Rights

If you are accused of gang crimes, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests.

For more information about defending against gang crime charges under NRS 193.168 in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.