According to recent reports this past week out of Henry County, an alleged gang member is being charged with fifteen felony charges.
The gang member is a 20-year-old local man who has been connected to a teenager's shooting. The unidentified victim ended up surviving the shooting. The accused gang member is facing several different charges in relation to the incident including felony marijuana charges and aggravated assault in Georgia. He is also facing charges in violation of Georgia's laws on criminal street gang activity.
As a Georgia Criminal Defense Lawyer, I will outline the laws behind criminal gang activity in Georgia in today's post.
Criminal Gang Activity in Georgia
Criminal gang activity in Georgia is defined by Georgia Law in O.C.G.A. §16-15-4 as offenses that are related to criminal gang activity.
It is unlawful for:
- A person employed or associated with a criminal street gang to conduct or participate in criminal gang activity through the commission of a crime.
- Any person to commit an offense with the intent to obtain or earn membership or maintain or increase his or her status or position in a criminal street gang.
- Any person to acquire or maintain, directly or indirectly, through criminal gang activity or proceeds derived from any interest in or control of any real or personal property of any nature, including money.
- Any person who occupies a position of organizer, a supervisory position, or any other position of management or leadership with regard to a criminal street gang to engage in, directly or directly, or conspire to engage in criminal gang activity.
- Any person to cause, encourage, solicit, recruit, or coerce another to become a member or associate of a criminal street gang, to participate in a criminal street gang, or to conduct or participate in criminal gang activity.
- Any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or of any associate or relative of the other person with the intent to deter such person from assisting a member or associate of a criminal street gang to withdraw from such criminal street gang.
- Any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or of any associate or relative of the other person with the intent to punish or retaliate against such person for refusing to or encouraging another to refuse to become or obtain the status of a member or associate of a criminal street gang.
- Any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or of any associate or relative of the other person with the intent to punish or retaliate against such person for refusing to or encouraging another to refuse to become or obtain the status of a member of associate of a criminal street gang.
- Any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or of any associate or relative of the other person with the intent to punish or retaliate against such person for providing statements or testimony against criminal street gangs or any criminal street gang member or associate.
- Any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or of any associate or relative of the other person with the intent to intimidate, deter, or prevent such person from communicating to any law enforcement or corrections officer, prosecuting attorney, or judge information relating to criminal street gangs, criminal street gang members or associates, or criminal gang activity.
Committing an act of criminal street gang activity can result in up to twenty years in prison. It is considered a felony offense.
Practice Note
Even though crime rates are on the decline as a result of the Shelter-in-Place Order, arrests are still occurring. If you have been arrested, contact a Georgia Criminal Defense Attorney today.
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