Over the past five years, Brooklyn has seen significant law enforcement efforts targeting gang-related activities. State and federal authorities have conducted extensive investigations, leading to numerous arrests and indictments. Notably, in 2025, 14 alleged gang members part of the YPF “super gang” were charged with a 129-count indictment, including murder, attempted murder and conspiracy. These efforts aim to lower gun violence and reduce other criminal activities. Still, the cornerstone of our criminal justice system is that defendants are innocent until proven guilty in a court of law.
Common gang-related charges
Individuals and groups often face multiple charges, which often include:
- Racketeering (RICO): Engaging in a pattern of illegal activity as part of an organized criminal enterprise.
- Conspiracy: Planning and agreeing with others to commit crimes, such as murder or drug trafficking.
- Murder and attempted murder: Charges related to homicides and attempts to kill rival gang members or others.
- Weapons possession: Illegal possession of firearms and other weapons.
- Drug trafficking: Involvement in the distribution and sale of illegal drugs.
While these charges are common, they may not all stick.
Successful Criminal Defenses
Considering the number of charges and their seriousness, defending against the above serious charges in New York City requires a strategic and multifaceted approach. Here are some of the most successful defenses commonly used:
- Lack of evidence: Challenging the prosecution’s evidence is a fundamental defense strategy. This can involve questioning the credibility of witnesses, surveillance footage’s reliability or forensic evidence’s validity.
- Violation of constitutional rights: If law enforcement violated the defendant’s constitutional rights during the investigation or arrest, such as conducting an illegal search or seizure, the defense can file motions to suppress the evidence obtained through these violations.
- Mistaken identity: The defendant may be wrongly identified as a gang member or participant in a crime, so the defense can present alibi evidence or question the accuracy of eyewitness testimony.
- Entrapment: If law enforcement induced the defendant to commit a crime they would not have otherwise committed, the defense can argue entrapment.
- Duress or coercion: If the defendant participated in criminal activities under threat of harm to themselves, the defense can argue that they acted under duress.
- Insufficient proof of gang affiliation: The prosecution must prove that the defendant is a member of a gang and that their actions were in furtherance of gang activities. The defense can challenge the evidence linking the defendant to the gang.
- Plea bargains: Negotiating a plea deal can sometimes be a strategic move, allowing the defendant to plead guilty to lesser charges in exchange for a reduced sentence.
These defenses require careful preparation and a thorough understanding of the law and the case’s specifics.
Experienced legal representation is key
A knowledgeable defense attorney, especially one who is a former prosecutor, can be invaluable in protecting defendants’ rights and future. They know how the other side thinks, understand the intricacies of the legal system and can navigate complex cases effectively, ensuring the best possible outcome for their clients.