Members of Georgia Motorcycle Gang Convicted of Serious Felonies

According to reports out Coweta County, four members of an alleged motorcycle gang have been convicted of charges relating to criminal gang related activity.

Each of the men has been sentenced on serious felony charges as well as felony violations of the Georgia Street Gang and Terrorism Prevention Act.

The charges stem from a situation that occurred in 2016 when two girls were driving on US 29. One of the members of the bike gang lost control of his motorcycle and crashed. The other members blamed the teenage driver and started to chase her down the highway.

The men pointed guns at the driver and the passenger and even shot at the two girls at several different points in the chase.

As a Georgia Criminal Defense Lawyer, I will outline what constitutes a gang by law as well as what the law classifies as criminal gang activity.
Criminal Gang Activity in Georgia

A gang is defined by Georgia Law as any organization, association, or group of three or more persons associated in fact, whether formal or informal, which engages in criminal gang activity. The existence of such organization, association, or group of individuals associated in fact may be established by evidence of a common name or common identifying signs, symbols, tattoos, graffiti, or attire or other distinguishing characteristics, including, but not limited to, common activities, customs, or behaviors. Such term shall not include three or more persons, associated in fact, whether formal or informal, who are not engaged in criminal gang activity.

Criminal gang activity in Georgia is defined by Georgia Law in O.C.G.A. §16-15-4  as 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.

Committing an act of criminal street gang activity can result in up to twenty years in prison. It is considered a felony offense.

Practice Note

The State of Georgia takes gang related activity very seriously. If you or a loved one has been accused of participating in a gang or for committing criminal gang activity, contact a Georgia Criminal Defense Attorney now.