Participating in a Criminal Group

Our expert criminal lawyers for participating in criminal group offences can help you:

• Obtain bail.
• Be found not guilty.
• Receive a lenient sentence, like no conviction and no prison.

You will be represented by a team of award-winning criminal lawyers, with 500+ five-star Google reviews, who offer fixed fees and free first consultations.

You can read our reviews here.

Participating in a Criminal Group

Our criminal lawyers are experts at defending charges related to organised crime. Participating in a criminal group is a serious criminal offence. The offences were introduced in recognition of the fact that crimes committed by gangs are a far greater threat to the safety and wellbeing of the community than most crimes committed by individuals acting alone.

We have a track record of beating criminal group charges because the evidence is often circumstantial and open to challenge. Often the police cannot prove there is a criminal group of 3 or more people and if they can, they often cannot prove our clients were aware of its existence.  

If you intend to plead guilty, our criminal lawyers have a proven track record of not only keeping our clients out of gaol but also in some cases having no conviction recorded.

Pleading not guilty

You will be found not guilty of the offence of participating in a criminal group if the police cannot prove beyond a reasonable doubt:

• You participate in a criminal group by directing any of the activities of the group; and
• You knew or ought to reasonably have known that you participated in a criminal group; and
• You knew, or ought reasonably to have known, that your participation in that group contributed to the occurrence of any criminal activity.

Or

• You participate in a criminal group by directing any of the activities of the group; and
• You know that it is a criminal group; and
• You know or is reckless as to whether that participation contributes to the occurrence of any criminal activity.

Or

• You assault another person, or destroy or damage property, or threatens to destroy or damage property; and
• Intend by that action to participate in any criminal activity of a criminal group.

Or

• You participate in a criminal group whose activities are organised and ongoing by directing any of the activities of the group; and
• You know that it is a criminal group; and
• You know or are reckless as to whether that participation contributes to the occurrence of any criminal activity.

A criminal group means a group of 3 or more people who have as their objective or one of their objectives:

• Obtaining material benefits from conduct that constitutes a serious indictable offence (offence carrying a maximum penalty of more than 5 years), or
• Obtaining material benefits from conduct engaged in outside New South Wales (including outside Australia) that, if it occurred in New South Wales, would constitute a serious indictable offence, or
• Committing serious violent offences, or
• Engaging in conduct outside New South Wales (including outside Australia) that, if it occurred in New South Wales, would constitute a serious violent offence.

You can read more information about pleading not guilty here.

Pleading Guilty

If you agree that you have committed the offence (and the police are able to prove so), it is best to plead guilty as you will normally receive a discount on sentence and it will demonstrate remorse and contrition. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts or even a less serious charge.

Participating in a criminal group carries a maximum penalty of 2 years imprisonment in the Local Court. The maximum penalty is between 5 and 15 years’ imprisonment, depending on which offence is alleged. However, these penalties are typically reserved for the worst offenders. Participating in a criminal group is a serious offence, and if you are charged with it, you should contact our office immediately.

You can read about all the sentencing options that a court has, including having no conviction recorded.

You can read more about pleading guilty here.

Do I need references?

We believe references are an extremely important part of a plea of guilty in court. Read about court processes and how to write a good character reference.

Contact Australian Criminal Law Group

Our criminal lawyers, with 500+ five-star Google reviews, can beat your charge of participating in a criminal group or obtain a lenient sentence for you if you plead guilty.

Call us on (02) 8815 8167 for your free first conference or submit a website enquiry.

Case study

Our criminal defence lawyer represented a man charged with 11 counts of fraud, 2 counts of participating in a criminal group and deriving profit from one, and knowingly dealing with proceeds of crime, which has a maximum penalty of 20 years imprisonment. Our lawyer had all the offences withdrawn and a new charge of dealing with money reasonably suspected of being proceeds of crime. The deal that our lawyer got for his client was better than all the co-Accused received. At sentencing, the magistrate did not record a conviction.