Four teenagers have been indicted on almost 50 different charges based on an alleged crime spree in Fulton County that lasted almost a month in 2017. They have been accused of being involved in at least two different homicides, a few different carjackings, and nine armed robberies. They have also been accused of being in a street gang known as the “Gangster Killer Bloods.”
The four are facing the following charges:
- Murder in Georgia
- Felony Murder in Georgia
- Armed Robbery in Georgia
- Hijacking of a Motor Vehicle in Georgia
- Participation in Criminal Street Gang Activity in Georgia
- Aggravated Assault in Georgia
According to reports, they are facing several other felonies. As a Georgia Criminal Defense Lawyer, I will focus on the law behind gang activity in our state in today's post.
Criminal Gang Activity in Georgia
Participation in Criminal Gang Activity in Georgia is defined by the Georgia Code as:
- 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. O.C.G.A. §16-15-4.
Criminal gang activity is a felony offense in Georgia. This means that the penalty can include at least five years up to twenty years in prison, a fine between $10,000.00 and $15,000.00, or both.
Practice Note
Just as with any other crime, people are wrongly accused of participating in street gangs. There are instances where a person does commit a crime but it is not connected to any sort of gang activity. Gangs carry a very negative stereotype and can persuade a jury just by the hint of participation that an individual is guilty of a crime.
If you or a loved one has been arrested in Georgia, contact a Georgia Criminal Defense Attorney today. We can help you with your case and determine which defenses may apply.
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