Two gang members, Thomas Cothran and Kahlieff Adams, were convicted of shooting three people during a 2016 burglary. One of the victims died during the home invasion. Both Cothran and Adams were found guilty of:
- Felony Murder in Georgia
- Criminal Street Gang Activity in Georgia
- Burglary in Georgia
- Armed Robbery in Georgia
- Aggravated Battery in Georgia
- Aggravated Assault in Georgia
Cothran and Adams were sentenced to life in prison without the possibility of parole in Fulton County.
As a Georgia Criminal Defense Attorney, I will outline the law behind criminal street gang activity in today's post.
Criminal Gang Activity in Georgia
Criminal Gang Activity in Georgia is defined in O.C.G.A. §16-15-4. There are different offenses that characterize criminal gang activity, and I have listed those offenses in the list below:
- 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.
Violating the criminal street gang statute is classified as a felony. Each part of the statute has its own set of penalties. The penalties range from five to twenty years of prison time and fines up to $15,000.
In addition to a prison sentence or a fine, a Georgia Court will also impose a special condition that the accused will not knowingly have contact of any kind or interact with any other member or association of a criminal street gang. The court will order the accused not to participate in any criminal gang activity.
Practice Note
If you or a loved one has been arrested for committing a crime in Georgia contact our offices today. An arrest should never be taken lightly. A criminal charge needs to be addressed from the very beginning. A Georgia Criminal Defense Attorney can help you today.
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