Gang Related Shooting in Van Nuys

Posted on November 12, 2008
Filed Under Gangs, Weapons |

In Los Angeles, gang activity is on the rise.  For example, in Van Nuys a man was wounded in a shooting in an apparent gang-related hit.  Allegedly, a car pulled up in front of the wounded man and someone inside yelled a gang slur and then shot him.

In such a situation as this, various charges can be brought against the accused.  For the shooting, attempted murder can be brought, or (if the victim dies) murder or manslaughter.  The gun can bring a weapons charge. 

Attempted murder will bring heavy jail time, even more coupled with other charges.  Weapons charges can be severe, especially for alleged gang members, whether it’s possession, brandishing or using the weapon.

Gang related convictions not only bring more severe penalties, but they could even lead to having the convicted sent to prison outside their geographic area.  Since the 1980s many states have adopted legislation and laws specifically drafted to combat street gangs and to make it easier to prosecute their offenses. California has led the nation in laws written to prosecute gangs, but many US states have their own laws.

In California, all murder which is perpetrated by means of a destructive device or explosive, knowing use of ammunition designed primarily to penetrate metal or armor, poison, lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or which is committed in the perpetration of, or attempt to perpetrate, arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking, or any act punishable under Section 286, 288, 288a, or 289, or any murder which is perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict death, is murder of the first degree. All other kinds of murders are of the second degree. As used in this section, “destructive device” means any destructive device as defined in Section 12301, and “explosive” means any explosive as defined in Section 12000 of the Health and Safety Code. To prove the killing was “deliberate and premeditated,” it shall not be necessary to prove the defendant maturely and meaningfully reflected upon the gravity of his or her act.

Written by Joe M

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