Men Convicted of Gang Related Murder and Robbery in Atlanta

Two men have been convicted this past week of what has been described as a botched robbery turned shooting that left one man dead and another seriously injured.

The incident occurred after an agreement was made to purchase a pound of marijuana in Fulton County. The District Attorney's Office stated that all men involved were participating in gang-related activity. The robbery was an attempt to send a message according to lawyers on the case.

As a Georgia Criminal Defense Lawyer, there are many different offenses here that could be the focus of today's post. However, I believe that the most misunderstood offense is that which relates to gangs. I will outline the law behind gang-related activity in the state of Georgia in today's post so as to provide more clarity to the law.

Criminal Gang Activity in Georgia

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.