New Jersey Takes Aim at Gang Recruitment with Section 2C:33-28

New Jersey has a gang problem. Violent criminal street gangs have been operating throughout the state for years, peddling drugs, committing robberies and assaults, and making neighborhoods unsafe. In response, legislators in NJ have passed strict laws to crack down on gang activity. One of the most important anti-gang laws is Section 2C:33-28, which makes it a crime to solicit or recruit someone to join a criminal street gang.

This article will break down the key provisions of Section 2C:33-28, discuss how prosecutors are using the law to target gang leaders and recruiters, and look at potential defenses for those charged under the statute. With gang investigations on the rise in NJ, it’s important for anyone implicated in these cases to understand the law and speak with an experienced criminal defense attorney as soon as possible.

Defining a Criminal Street Gang

Section 2C:33-28 applies specifically to recruitment into a “criminal street gang.” Under New Jersey law, a criminal street gang is defined as a group of three or more persons who:

• Commit or conspire to commit crimes like robbery, assault, arson, burglary, manslaughter, murder, drug crimes, weapons offenses, and more.
• Share some identifying characteristic like common names, signs, symbols, tattoos, graffiti, attire, or other distinguishing features.
• Individually or as a group engage in criminal activity as one of their primary purposes.

So Section 2C:33-28 does not apply to just any random group of people. Prosecutors have to prove the group meets the definition of a criminal street gang that is actively involved in illegal activity.

Solicitation and Recruitment Charges

Under Section 2C:33-28, it is a fourth degree crime in NJ to solicit or recruit another person to join a criminal street gang, or to use threats, harassment, intimidation, or coercion against someone to prevent them from leaving a gang.

A fourth degree offense is punishable by up to 18 months in state prison. The statute lays out other degrees of the crime as well:

• Second Degree: If the recruitment/solicitation results in significant bodily injury to another, it becomes a second degree crime punishable by 5-10 years in prison.
• First Degree: If the recruitment/solicitation results in serious bodily injury or death to another, it is a first degree crime with a 10-20 year prison sentence.
• First Degree Leader: If the person doing the recruiting is an organizer, supervisor, or manager in the gang, it is a first degree crime even without injury to another.

So you can see how New Jersey imposes harsh penalties, especially for gang leaders who recruit new members. The higher degree charges also expose defendants to No Early Release Act (NERA) time, meaning they must serve 85% of their sentence before parole eligibility.

Targeting Gang Leaders and Recruiters

Prosecutors are using Section 2C:33-28 specifically to target leaders and recruiters involved with violent street gangs around the state. For example, in a massive gang takedown in 2019, the New Jersey Attorney General’s Office charged over 80 alleged gang members, including leaders of the Grape Street Crips and the Bloods. Many defendants faced first degree recruitment charges under Section 2C:33-28.

Authorities make these gang arrests after long undercover investigations involving wiretaps, surveillance, and informants. The challenge for the prosecution is proving that the group qualifies as a “criminal street gang” under the legal definition. This requires showing the gang is involved in a pattern of criminal activity.

Defense lawyers may argue the group is simply a loose association of individuals rather than an organized criminal enterprise. Or they may claim the defendant is only tangentially associated with the group and not an active member who was recruiting.

Potential Defenses in Gang Cases

In addition to challenging whether the organization constitutes a criminal street gang, there are other possible defenses in Section 2C:33-28 cases:

• Misidentification: Police may have mistaken the defendant for someone else involved in the gang.
• Entrapment: The defendant was induced by police to join the gang when he otherwise would not have done so.
• Duress: The defendant felt threatened or coerced into joining the gang out of fear of harm.
• False accusations: Allegations of recruitment may have been fabricated by rivals of the defendant or witnesses seeking leniency in their own cases.

If any of these apply, an experienced criminal lawyer can argue the recruitment charges should be dismissed. The state has the burden of proving guilt beyond a reasonable doubt.

Any Gang Charges Require an Attorney

As New Jersey cracks down on gang activity, anyone implicated in these cases needs knowledgeable legal help. Section 2C:33-28 and other anti-gang laws allow prosecutors to pursue severe criminal penalties against alleged leaders, recruiters, and members.

With so much at stake, never try to navigate a gang case alone. Hire an attorney who understands these charges and can build an aggressive defense on your behalf. The right lawyer can thoroughly assess the evidence, identify weaknesses, and challenge the prosecution at every step. This provides the best chance at beating the charges or minimizing the penalties. Don’t leave your future to chance – get in touch with a criminal defense lawyer today.