Is Gang-Affiliation Illegal in Georgia?

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In the news recently there has been increased talk about the presence of criminal street gangs in Atlanta and Georgia. Earlier this year famous rappers Young Thug and Gunna were arrested on RICO violation charges. These charges were brought forth against them because prosecutors argue they’re involved in a criminal street gang. Participating in a criminal street gang is criminalized under Georgia’s O.C.G.A. 16-15-4. This law states that it is unlawful for a person to participate in ‘criminal gang activity as part of a ‘criminal street gang.’ 

Both the local Atlanta government and the state government have made curbing and prosecuting suspected gang activity a top priority. They’re using social media posts and rap lyrics as evidence in some cases and bring RICO violation charges to indict multiple individuals at once

Being convicted of these charges could result in decades behind bars and severe penalties. Facing gang affiliation charges is serious and not all criminal defense attorneys can handle these special cases. Our firm has the experience and dedication to fight for our clients, even in the toughest of cases. Contact us today to set up a consultation

Gang-Related Charges Explained

What is a criminal street gang?

A criminal street gang under Georgia law is defined as ‘any organization, association, or group of three or more persons associated in fact, whether formal or informal, which engages in criminal gang activity.’ Evidence to support the actual existence of this ‘organization, association, or group’ can be a common name, identifying signs, symbols, tattoos, graffiti, or attire. Along with this, common activities, customs, or behavior, can also be used as evidence of the existence of the gang. This language is taken from GA Code § 16-15-3 (2020).

What is criminal gang activity?

The state defines criminal gang activity as the ‘commission, attempted commission, conspiracy to commit, or solicitation, coercion, or intimidation of another person to commit’ any of the following:

  • Racketeering
  • Rape
  • Aggravated sexual battery
  • Aiding or encouraging a child to escape from custody
  • Criminal trespass
  • Criminal damage to property
  • Any offense involving violence or possession or use of a weapon

Participation in the gang’s organizational structure and recruitment is also criminalized. It’s illegal for a person to be employed or associated with a gang, it’s also illegal for a person to recruit new members. Maintaining control or managing money or property for the gang is illegal. Georgia’s laws also explicitly prohibit gang members from intimidating insiders or outsiders from speaking with law enforcement. 

Highly Rated Criminal Defense Attorneys

In the news recently there has been increased talk about the presence of criminal street gangs in Atlanta and Georgia. Earlier this year famous rappers Young Thug and Gunna were arrested on RICO violation charges. These charges were brought forth against them because prosecutors argue they’re involved in a criminal street gang. Participating in a criminal street gang is criminalized under Georgia’s O.C.G.A. 16-15-4. This law states that it is unlawful for a person to participate in ‘criminal gang activity as part of a ‘criminal street gang.’ 

Both the local Atlanta government and the state government have made curbing and prosecuting suspected gang activity a top priority. They’re using social media posts and rap lyrics as evidence in some cases and bring RICO violation charges to indict multiple individuals at once

Being convicted of these charges could result in decades behind bars and severe penalties. Facing gang affiliation charges is serious and not all criminal defense attorneys can handle these special cases. Our firm has the experience and dedication to fight for our clients, even in the toughest of cases. Contact us today to set up a consultation

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