Georgia Criminal Defense Blog

Four Men Pleaded Guilty to Gang Act Violations and Murder in Georgia

Posted by Richard Lawson | Dec 18, 2018 | 0 Comments

Four men pleaded guilty to a 2015 murder this past week - detailing that the incident was a part of gang activity. The gang is known as the Ghostface Gangsters which originates in Cobb County.

All men pleaded guilty to gang-act violations as well as murder charges. According to reports, the man they admitted to killing was Alexander Ayala. His body was found off Blackhawk Trail in Mableton.

As a Georgia Criminal Defense Lawyer, I will outline what constitutes criminal gang activity in Georgia. Georgia law has an entire chapter in the Georgia Code dedicated to gang prevention (Chapter 15 - Street Gang Terrorism and Prevention).

Criminal Gang Activity in Georgia

Criminal Gang Activity in Georgia is outlined as separate offenses in O.C.G.A. §16-15-4. The statute states that the following acts are unlawful:

  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.

If convicted of violating part of the gang act in Georgia, the individual will be guilty of a felony. The penalties can include a prison sentence for at least five years but no more than twenty years.

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About the Author

Richard Lawson

Managing Partner at Lawson & Berry:

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