Have You Been Charged with an Illinois Gang-Related Offense?

 Posted on April 08, 2025 in Criminal Defense

In January of this year, a Springfield, IL man was sentenced federally to 180 months in prison, followed by 10 years of supervised release for his role in a widespread drug conspiracy that involved the Boss Playas, a local street gang. Under the Illinois enhancement of penalties for gang-related crimes, the man could have potentially received life in prison.

In 2023, Chicago gangs were suspected of being behind 1,808 crimes reported across the city, with more than one in five homicides being attributed to gang activity. Gang-related offenses in the state can have exceptionally severe penalties that can impact your life for a very long time. Under 720 ILCS 5/25-1, a person commits a gang-related offense when he or she actively participates in, aids, or abets the commission of a crime by a criminal street gang.

Activities such as direct participation in criminal activities, as well as initiation and recruitment activities, are covered under this statute. Many gang offenses are charged federally, which usually results in even harsher penalties served in a federal prison. If you have been charged with a gang-related offense, it is essential to speak with an experienced Joliet, IL, criminal defense lawyer as soon as possible.

What is Considered a "Gang?"

A criminal street gang is defined as a formal or informal association, group, or organization of three or more people who engage in a pattern of criminal activities. A "pattern" includes at least two offenses within a five-year period.

Other Illinois statutes affect gang-related offenses, including those for weapons offenses, violent crimes, and drug trafficking. Gang-related offenses are often charged as felonies, with much harsher penalties and more adverse collateral consequences than misdemeanor crimes.  

Which Illinois Statutes Specifically Mention Gangs?

There are several Illinois statutes that specifically mention gangs, including:

•  Forcible Felony Gang -730 ILCS 5/5-5-3(c)(2)(J)
• Compelling Gang Membership - 730 ILCS 5/5-5-3(c)(2)(O)
• Firearm Possession by Gang Member - 730 ILCS 5/5-5-3(c)(2)(Y), 720 ILCS 5/24-1.8(b)
• Unlawful Possession of Firearm by Gang Member - 720 ILCS 5/24-1.8(b)
• Gang Leader or any Felony in Furtherance of Gang Activity - 730 ILCS 5/5-5-3.2(b)(5), 730 ILCS 5/5-5-3.2(b)(8)
• UUW Gang Member - 730 ILCS 5/5-5-3.2(c)(5)
•  Gang Rape - 730 ILCS 5/5-5-3.2(c)(3)

A Class X felony, with a "normal" sentencing range of six to 30 years in prison, could be enhanced to 30-60 years in prison when the offense is gang-related. Similarly, a Class 1 felony, with a normal sentencing range of four to 15 years, could be enhanced to between 15 and 30 years when the offense is gang-related.

Beyond the immediate legal penalties, a felony criminal record can severely impact an individual’s ability to secure employment, housing, and educational opportunities, as well as create challenges in obtaining voting rights, professional licenses, and gun rights. Gang-related criminal offenses also result in certain social stigmas, which can damage your personal and professional relationships.  

Are There Defenses to Being Charged with a Gang-Related Crime?

While every criminal charge requires a strategic approach, gang-related cases are especially complex. The defense strategy used by your criminal defense attorney will depend on the facts and circumstances surrounding your charges, but some of the more common defenses to gang-related crimes include:

•  Challenging the assertion of gang affiliation
• Challenging the legality of the search and seizure used to gather evidence
• Showing that the defendant had a solid alibi
• Proving that a witness made a mistake in identifying the defendant
• Arguing that the defendant was coerced or forced into participating in gang activities
• Asserting there were civil rights violations

Contact a Will County, IL Criminal Defense Attorney

If you have been charged with a gang-related offense, it is extremely important that you have a knowledgeable Joliet, IL criminal defense lawyer from Law Office of Eric J. Blatti, P.C.. Attorney Blatti is local to the Joliet area, has experience working as a public defender, and has a good relationship with local attorneys and judges. Call 815-744-2500 to schedule your free consultation.