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Gangs pose an escalating threat throughout Georgia, and their presence reaches alarming levels within Atlanta. Law enforcement and prosecutors in Atlanta have increased the number of arrests and prosecutions of people accused of gang activity over the past few years. If you or a loved one experiences gang crime charges in Atlanta, you need to know how Georgia laws are enforced and what penalties you may face

About Us

For more than 25 years, Lawrence J. Zimmerman has successfully defended clients charged with the most serious crimes in both state and federal criminal defense cases. He has tried many of Georgia’s most significant cases, ranging from murder defense to gang charges, and often has won acquittals or reversals on appeal.

A former President of the Georgia Association of Criminal Defense Lawyers and a frequent legal analyst for national news media, Zimmerman blends trial experience with an insider’s knowledge of Georgia’s legal system. He is known for personally working with each client and developing a solid defense strategy to protect their future.

Gang Crime Charges in Georgia

Charges for gang crimes in Georgia are filed under the Street Gang Terrorism and Prevention Act. The law makes it illegal to participate in gang activity, recruit gang members, or commit criminal acts on a gang’s behalf. You do not even need to be the person who commits an act of violence to be charged. Prosecutors can initiate legal action based solely on accusations that someone promoted or associated with recognized gang activities.

Georgia’s gang crime laws are much broader than those in some other states. In this state, prosecutors may associate a crime that someone would otherwise receive a light sentence for, like robbery or drug crimes, like drug possession, drug manufacturing, drug trafficking, with gang affiliation to significantly enhance penalties.

A new survey released by the Georgia Gang Investigators Association (GGIA) estimates that Georgia is home to approximately 127,732 known gang members and active associates who are involved with 1,974 violent crime gangs. The GGIA survey also found that gangs account for about 65 percent of all crime committed in Georgia.

Types of Gang-Related Crimes

Gang crime charges cover a wide range of offenses. While many of these offenses in and of themselves are crimes, they can result in enhanced penalties if they are connected to gang activity. Some of the most common gang-related crimes include:

• Drug charges, particularly drug trafficking and distribution
• Weapons charges, such as illegally possessing a firearm or using a firearm during a crime
• Violent crimes, such as robbery, assault, and murder, tied to gang activities
• Recruiting minors into gangs
• Property crimes, such as theft and vandalism, especially when committed for gang benefits

While each of these crimes carries its own penalties alone, the penalties can increase when connected to known gang activity.

Atlanta Gang Crime Penalties

Atlanta gang crime penalties are severe. In Georgia, a conviction for a first-time violation of the state’s Street Gang Terrorism and Prevention Act carries 5 to 20 years in prison with no chance for parole in many cases. Repeat offenses add another 5 to 25 years in prison. Life sentences are possible as well.

Gang crimes in Atlanta are not always state crimes. Some can be and are prosecuted by the federal government. If federal prosecutors see gang activity that involves interstate crimes, trafficking of narcotics or other illegal drugs across state lines, or large-scale organized crime in Atlanta, defendants can be charged with federal RICO charges.

Federal court cases are held at the Richard B. Russell Federal Building and U.S. Courthouse in downtown Atlanta. Penalties and sentencing guidelines in federal court are generally harsher than in state cases.

Defenses in Gang Crime Cases

Gang crime cases are not your typical criminal charges. Prosecutors will often rely on wiretaps, confidential informants, social media posts, and text messages to show that someone is a gang member or has gang ties. They may also try to present a defendant’s tattoos, clothing, or even musical taste as evidence of gang involvement. It’s this kind of evidence that makes defending these cases so challenging. Common defenses include:

• Challenging gang affiliation accusations
• Lack of evidence
• Your rights were violated

It’s the job of a gang crime attorney to closely scrutinize the reliability of this evidence and ensure jurors do not make judgments based on stereotypes.

FAQs

What Are Gang-Related Charges in Georgia?

Gang enhancements in Georgia are charged under the Street Gang Terrorism and Prevention Act (O.C.G.A. § 16-15-4). The Act allows criminal charges to be applied to individuals who engage in gang activities or recruit members, and those who execute crimes as members of a gang. Gang charges are often enhancements to other crimes, such as robbery, drug distribution, or assault, and could lead to many more years in prison.

Can You Get Charged for Being in a Gang in Atlanta, GA?

Yes, in Atlanta, GA, you may be charged just for being in a gang. Associating with gangs while committing crimes is a serious crime and can result in serious penalties. Prosecutors may look at an individual’s behavior to see if it is in line with gang-related activity, such as having similar tattoos or wearing similar clothing.

What Is a Common Crime a Gang Commits?

Gangs are most often involved with violent crimes and drug-related offenses. This can include crimes such as assault, armed robbery, homicide, and the distribution of controlled substances that are illegal in the state.

Gang members can also commit property crimes such as burglary and theft if they are in furtherance of the gang. Some gangs in Georgia can also be involved with recruiting underage members and intimidating others, which can lead to enhanced charges and harsher punishments.

Hire a Gang Crime Lawyer – The Law Office of Lawrence J. Zimmerman

Being charged with a gang crime is a serious offense, but you can fight for your future when you hire a gang crime lawyer. The Law Office of Lawrence J. Zimmerman can help. Contact us today for more information about how our legal team can help with a gang crime charge.