While on the campaign trail, Georgia’s newly elected governor, Brian Kemp, made a promise to crack down on gang activity. Back in April, Kemp told Marietta voters, “We have a gang problem in Georgia. It’s a crisis.” And, investigators from the statewide organization GGIA (Georgia Gang Investigators Association)—comprised of criminal justice professionals who work to prevent gang-related crimes—agree with the new governor, according to a May 2018 article in the AJC.
In the article, Georgia’s Gang Situation is Getting Worse, Investigators Say, GGIA sent out a survey to law enforcement agencies throughout the state, which identified more than 35,000 individual gang members in Georgia with the expectation of that number to rise. Right now, there are an estimated 1,000 gangs in Metro Atlanta and 70 to 80 percent of all violent and property crimes are gang-related.
Backing his promise made to voters, Kemp proposed “Stop and Dismantle,” an initiative that includes a provision for a statewide gang-strike team and a plan to further empower the Attorney General’s Office to prosecute gangs across the state. Moreover, there are many crimes under Georgia law that are related to gang activity and it is important to know that you don’t have to be a member of a gang to be charged and convicted of gang activity.
At Bixon Law, we are dedicated to understanding the legal implications of being charged with gang activity. We will work tirelessly with each client to ensure the best possible outcome of the charge, leveraging our expertise and resources to provide comprehensive defense strategies tailored to their unique circumstances.
What Constitutes a Criminal Street Gang According to Georgia Law
Under Georgia law, O.C.G.A. 16-5-3 (2), a criminal street gang is any organization, association, or group of three or more persons associated, in fact, whether formal or informal, which engages in criminal activity under O.C.G.A. 16-5-3 (1). 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, attire, or other distinguishing characteristics, including, but not limited to, common activities, customs, or behaviors. Such a term shall not include three or more persons, associated in fact, whether formal or informal, who are not engaged in criminal gang activity. It’s crucial to comprehend these definitions thoroughly to navigate the legal landscape effectively.
Read more about RICO Charges here.
Understanding Criminal Gang Activity According to Georgia Legislation
Under Georgia law, O.C.G.A 16-5-3 (1), criminal gang activity means the commission, attempted commission, conspiracy to commit, or solicitation, coercion, or intimidation of another person to commit any of the following offenses: racketeering, stalking, rape, aggravated sexual battery, aiding or encouraging a child to escape from custody, criminal trespass, criminal damage to property and any other criminal offense that involves the violence, possession/use of a weapon.
It’s imperative to recognize that the scope of criminal gang activity extends beyond mere participation in these offenses; it encompasses a broader pattern of behavior that threatens public safety and security. Understanding the nuances of these definitions is pivotal in effectively addressing and combating gang-related issues within our communities.
What are Georgia’s Laws on Criminal Gang Activity?
Georgia’s criminal gang activity laws are set out under O.C.G.A. 16-15-4 and makes it unlawful for:
- A person employed or associated with a criminal street gang to conduct or participate in criminal gang activity through the commission of a crime; such individuals may face enhanced penalties under Georgia law, reflecting the serious nature of their involvement in gang-related criminal endeavors.
- 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; such actions not only perpetuate criminal activity but also contribute to the perpetuation and expansion of gang influence within our communities.
- 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; such unlawful acquisitions not only fund further criminal endeavors but also undermine the safety and well-being of our communities.
- Any person who occupies a position of organizer, a supervisory position, or any other position of management or leadership concerning a criminal street gang to engage in, directly or indirectly, or conspire to engage in criminal gang activity; such individuals may face enhanced penalties under Georgia law due to their influential roles in perpetuating gang-related criminal conduct.
- 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 a criminal gang activity; such actions not only contribute to the proliferation of gang-related criminal behavior but also jeopardize the safety and well-being of individuals targeted for recruitment.
- 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 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, with another any threat or injury or damage to the person or property of the other person or 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, with another any threat or injury or damage to the person or property of the other person or 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; and,
- Any person to communicate, directly, with another any threat of injury or damage to the person or property of the other person or 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.
Defenses for Criminal Gang Activity Charges
If you have been charged with participating in criminal gang activity, there may be some possible defenses available to you in order to fight the charges against you. However, such defenses will depend heavily on the facts and circumstances surrounding your case. If you have committed a criminal offense and the prosecution also charges you with criminal gang activity, the best defense is to show evidence proving that the alleged crime you committed was not gang-related.
In Jones v. State, 292 Ga. 656, 659, 740 S.E.2d 590 (2013), the Court stated proof that “the commission of the predicate act was intended to further the interests of the [gang]
is essential to prove a violation of O.C.G.A. 16-15-4 (a).” Further, in Rodriguez v. State, 284 Ga. 803, 807, 671 S.E.2d 497 (2009), the Court concluded that “there must be some nexus between the act and an intent to further street gang activity.” Thus, the State’s evidence must be sufficient to establish a connection between the defendant’s actions and intent to prove a violation of Georgia’s criminal gang activity laws.
Carefully scrutinizing the prosecution’s evidence and challenging any assertions that lack a clear link between your actions and any intent to further gang-related objectives is essential for your defense. A thorough examination of the circumstances surrounding the alleged offense and the nature of your involvement can help construct a robust defense strategy aimed at securing a favorable outcome in your case.
What are the Penalties for Involvement in Criminal Gang Activity in Georgia?
Under Georgia law, any person who is convicted of O.C.G.A. 16-15-4 (a)-(c) will be convicted of a felony offense and face a prison sentence of 5 – 20 years or pay a fine between $10,000 – $15,000, or both. Further, any person who is convicted of O.C.G.A. 16-15-4 (d)-(j) will be convicted of a felony offense and face a prison term between 5 – 20 years.
Recognizing the severity of these penalties and the significant impact they can pose on your daily life is essential for your future. It is crucial to seek professional legal expertise if you are facing criminal gang activity charges immediately to ensure that your rights are safeguarded. An experienced defense attorney can assess your case, advise you on the best course of action, and work tirelessly to secure the most favorable outcome possible given the circumstances.
Contact Bixon Law Today!
If you or someone you know has been charged with participating in gang activity, call Bixon Law. Michael Bixon represents clients in Atlanta and throughout the state of Georgia. He is committed to helping his clients through difficult situations and working to get them the best possible outcome. If you are facing criminal charges of any kind, we invite you to call us at 404-551-5684 for a free consultation today.