Georgia Criminal Defense Blog

Analysis of Criminal Gang Activity After Georgia Begins Latest Anti-Gang Crackdown

Posted by Richard Lawson | Aug 07, 2018 | 0 Comments

Over 80 people have been arrested in a three-week long anti-gang operation also know as “Operation Disruption.” Deputies from both Jackson County and Butts County have been targeting gang activity within their counties and so far 35 people have been reported as arrested on felony charges and 45 have been reported as arrested on misdemeanor charges. 

Deputies targeted areas that had allegedly experienced increases in gang activity such as gun violence and drive-by shootings. Both counties are giving out cash rewards to anyone who comes forward and provides information related to gangs and gang members.

As a Georgia Criminal Defense Lawyer, I would like to focus today's post on criminal gang activity in Georgia. 

A gang is defined by case law as an organization, association, or group of three or more people associated in fact either formal or informal and engages in certain criminal activity.

Criminal gang activity includes the attempt, the conspiracy, or commission of certain offenses in Georgia according to Georgia Courts. These offenses include but are not limited to Georgia RICO, Georgia Rape, Georgia Criminal Trespass, Georgia Criminal Damage to Property, etc.

Criminal Gang Activity in Georgia

Criminal Gang Activity in Georgia is defined by the Georgia Code as:

It is unlawful for:

  1. A person employed or associated with a criminal street gang to conduct or participate in criminal gang activity through the commission of a crime.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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. O.C.G.A. §16-15-4.

In order for someone to be found guilty and convicted of participation in criminal gang activity in Georgia, the prosecution will have to prove that the accused person is guilty beyond a reasonable doubt. If convicted, the offense is classified as a felony in Georgia. The penalty includes a prison sentence ranging from 5 to 20 years.

Practice Note

If your or a loved one has been charged with a crime in Georgia, contact a Georgia Criminal Defense Attorney today. We have over 50 years of combined experience, and we know that not everyone who is accused of a crime is guilty of committing that offense. Everyone has the presumption of innocence until proven guilty. 

We are here for you to fight for both your rights and your freedom. Contact us today so that we can walk through every step of your case and determine which Georgia Criminal Defenses apply. 

About the Author

Richard Lawson

Richard Lawson has devoted his entire career to DUI Defense. He exclusively handles DUI Cases. As a former DUI Prosecutor he knows both sides of your case. Put his experience to work for you. You only have 30 days to protect your right to drive. Call now for immediate attention. We are available 7 days a week, 24 hours a day.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today for Immediate Help

The time is now to start preparing your defense! Many times people lose the opportunity to put on their best defense because they wait. The importance of hiring a lawyer from the very beginning cannot be overstated! Waiting allows for witnesses to leave the area, evidence to be lost, and memories to fade. All of these have a direct effect on the successful on your case. The time to begin your case and start prepping your defense is now! Contact us today to put on your best Georgia criminal defense!

Menu