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Pensacola murder case involves Florida's Criminal Street Gang Prevention Act

By M. James Jenkins, Esq.

Pensacola Circuit Court in Pensacola, Florida is currently involved in a case you don't see often in this "neck of the woods" - a gang related case. In Florida is someone commits a crime while part of a gang they are subject to enhanced penalties under Florida's Criminal Street Gang Prevention Act, Fla. Stat. 874.04. As an example of this Florida law, someone who is charged with a crime that is otherwise a 3rd degree felony, is subject to the penalties of a 2nd degree felony. In other words, every degree of crime, be it a third, second or first degree, felony or misdemeanor, is enhanced one offense level merely because the defendant was involved in a gang. The problem arises when and how do you, or the State, define what is or isn't a gang or if a person is involved in a criminal gang...continue to full post

Full post as published by Florida Criminal Law Blog on January 25, 2007 (boomark / email).