High Ranking Gang Members Convicted in Georgia Triple Homicide

According to reports, two Atlanta men were convicted yesterday of participating in a string of criminal activity. These men were also the top of the pyramid of a nationwide gang - the Gangster Disciples.

The string of criminal activity included murder, robbery, wire fraud, drug trafficking, etc. Gang activity is taken very seriously in the state of Georgia.

As a Georgia Criminal Defense Lawyer, I will give an overview of criminal gang activity as laid out by Georgia Law.

Criminal Gang Activity in Georgia

By law criminal gang activity in Georgia means the commission, attempted commission, conspiracy to commit, or solicitation, coercion, or intimidation of another person to commit any of the following offenses on or after July 1, 2006: racketeering activity, rape, aggravated sexual battery, aiding or encouraging a child to escape from custody, criminal trespass or criminal damage to property, or any criminal offense in the State of Georgia, or in the United States that involves violence or possession or use of a weapon.

Furthermore, O.C.G.A. §16-15-4 sets out the offenses that are related to criminal gang activity. 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.

All gang related offenses and violations are classified as felony offenses. The prison minimums and maximums vary based on the offense.

Practice Note

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