Eleven Men Arrested in West Atlanta After Alleged Investigations

According to reports, undercover APD officers purchased weapons and drugs from men they had been investigating for months, which led to the arrests. The Atlanta Police Department anticipates more arrests to stem from this investigation.

The eleven men were arrested on charges of:

• Criminal Gang Activity in Georgia
• Violation of Probation in Georgia
• Sale of Marijuana in Georgia

As an Atlanta Criminal Defense Lawyer, I will outline the offense of criminal gang activity in our state.

Criminal Gang Activity in Georgia

Criminal gang-related 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 the following offenses:

• RICO in Georgia,
• Rape in Georgia, 
• Criminal Trespass in Georgia, 
• Criminal Damage to Property in Georgia, etc.

By law, gang-related activity is also known as Criminal Gang Activity in Georgia and 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.

If you or a loved one has been arrested in the Metro Atlanta area, contact an Atlanta Criminal Defense Attorney today.