Gang

Criminal Defense

Charged with Criminal Gang Participation in Georgia?

If you’ve been charged with criminal gang participation in Georgia, understanding the legal landscape is critical. Georgia’s laws on gang activity are comprehensive, and you don’t need to be an official gang member or directly commit a crime to face serious consequences. At Downie Law, LLC, I, Jack M. Downie Sr., have over a decade of experience in criminal law, and I’m dedicated to providing the strong defense you need. Remember, a charge is not the same as a conviction—act now to protect your rights. Contact me today for a free case evaluation.

Understanding Georgia Law on Participation in Criminal Gang Activity

Georgia’s laws on gang activity are outlined in O.C.G.A. §16-15-4, which makes it unlawful for:

• Anyone associated with a criminal street gang to engage in criminal gang activity through the commission of a crime.
• Any person to commit a crime with the intent to gain, maintain, or increase their position within a criminal street gang.
• Any person to acquire or maintain property through criminal gang activity.
• Individuals in leadership roles within a gang to engage in or conspire to engage in criminal gang activity.
• Any person to recruit, coerce, or encourage others to join a criminal street gang or participate in gang activities.
• Anyone to threaten or retaliate against others to deter them from leaving a gang, cooperating with law enforcement, or providing testimony against a gang or its members.

The definition of “criminal gang activity” includes a wide range of offenses, such as racketeering, violent crimes, and any other criminal offenses in Georgia or the United States that involve violence or weapons.

Case Law Example

In Nolley v. State, 335 Ga. App. 539 (2016), the defendant, a high-ranking member of the Gangster Disciples, was convicted under multiple sections of Georgia’s gang statute. Nolley organized a robbery to gain respect and control over a drug territory, directing others to participate in the crime. The court found sufficient evidence to support his convictions for encouraging and participating in criminal gang activity, demonstrating the severe consequences of gang-related charges.

Penalties for Participating in Gang Activity

The penalties for a conviction under O.C.G.A. §16-15-4 are severe:

• For violations under sections (a)-(c): A felony conviction with a prison sentence of 5 to 20 years, a fine of $10,000 to $15,000, or both.
• For violations under sections (d)-(j): A felony conviction with a prison term of 5 to 20 years.

In addition to these penalties, the court will impose special conditions, including prohibiting any contact with gang members, associates, or the victim and their family.

Defenses to Gang Activity Charges

Several defenses may be applicable in gang activity cases:

• The crime was not gang-related: If the alleged offense was committed for personal reasons and not connected to gang activity, this could reduce the severity of the charges.
• Lack of evidence: The prosecution must provide substantial evidence connecting you to gang activity. Your attorney can challenge the validity and sufficiency of this evidence to weaken the prosecution’s case.

What Are Not Valid Defenses

Certain defenses won’t hold up in a gang activity case:

• Not directly involved in the crime: Georgia law holds that indirect involvement in gang-related activities can still result in a conviction.
• It was just a threat: Under O.C.G.A. §16-15-4, threats—whether direct or indirect—are punishable offenses.

Contact Downie Law, LLC

Facing a charge of criminal gang participation is a serious matter that requires immediate attention. At Downie Law, LLC, I am ready to provide the aggressive defense you need. With over a decade of experience, I understand the complexities of Georgia’s gang laws and am committed to fighting for your rights. Don’t wait—your future is at stake. Contact me today at (912) 537-9265 or jack@downielaw.net to schedule your free case evaluation.