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State and federal prosecutors invest considerable time and resources into investigating gang-related Racketeer Influenced and Corrupt Organizations (RICO) charges in Georgia. Given this considerable investment, prosecutors often seek the harshest penalties allowable under the law once charges are formally brought. One important step for defendants facing these serious charges is to fully understand gang activity and RICO charges in Georgia.

What Are RICO Charges?

At the federal and federal levels, gang-related criminal charges are often brought as RICO charges. The criminal law allows for large numbers of individuals working in concert for nefarious reasons, often drug-related, to be prosecuted at once. Although facing RICO charges can be a stressful and unsettling ordeal, the complexity of the federal criminal law also presents many opportunities for fighting the charges in court.

The consequences of a RICO conviction can be far-reaching and life-altering. Convicted defendants often face lengthy prison sentences, heavy fines, and forfeiture of assets. Prosecutors rarely show leniency to criminals convicted of organized crime, which makes having a strong defense strategy even more crucial.

Gang-Related Crimes That Can Be Charges Under State or Federal RICO Statutes

Gang-related crimes that fall under state or federal RICO statutes carry severe legal consequences. These statutes are used to charge individuals or organizations involved in criminal enterprises. Common examples include:

• Drug trafficking and distribution
• Money laundering related to gang activities
• Extortion or racketeering activities
• Murder or attempted murder as part of gang activity
• Human trafficking or sexual exploitation
• Weapons trafficking and illegal arms dealing

Although gathering sufficient evidence to bring RICO charges requires a considerable number of resources on the part of investigators and prosecutors, the benefit for law enforcement and prosecutors is the ability to bring multiple charges through one case and potentially convict several or more defendants at once.

Consequences of Gang Activity and RICO Convictions in Georgia

The consequences of gang activity and RICO convictions in Georgia are severe and life-changing. A conviction can result in decades in prison, with sentences often far longer than those for individual crimes.

Under federal and state laws, RICO convictions can lead to additional penalties like asset forfeiture, where the government seizes property associated with illegal activities. The penalties increase based on the scope of involvement and the extent of the criminal enterprise.

A gang member may face a mandatory minimum sentence for engaging in organized crime, and leaders of criminal organizations can face even harsher punishments. Beyond prison time, those convicted under RICO statutes may also encounter permanent damage to their reputation.

Can I Fight Gang-Related RICO Charges?

With reliable and experienced legal defense counsel, you can fight and win your case. RICO charges require prosecutors to move many elements, including that the members of the gang were working in concert and knew they were committing a crime.

Any steps that weaken the state or federal government’s case can lead to a favorable outcome for defendants. One defense strategy could include telling the court to suppress evidence that was obtained unlawfully. If prosecutors rely on circumstantial evidence to prove coordination between defendants, that may not meet the high burden of proof beyond a reasonable doubt.

Why Legal Representation Is Crucial Following Criminal Charges

If you are facing RICO charges, the strength of your defense counsel can significantly influence the outcome of your case. Criminal defense attorneys are trained to scrutinize the prosecution’s case to find any inconsistency or unlawfully obtained piece of evidence.

By systematically dismantling the prosecution’s case, your attorney can work to achieve a favorable outcome that can include dropped charges, reduced penalties, or a favorable plea bargain that avoids serious jail or prison time.

FAQs

Are Gang Charges a Serious Offense in Georgia?

Gang charges are a very serious offense in Georgia, both at the state and federal levels. Gangs are widely seen as a serious threat to public safety, and prosecutors often go to great lengths to secure convictions for these types of charges. Anyone facing gang-related charges should consider speaking with an attorney to better understand the charges and potential criminal defense strategies.

What Is a RICO Gang Charge?

RICO gang charges can be brought against many types of groups, including public officials facing public corruption charges. One of the more common types of charges include gang-related offenses. Since organized crime involves collaboration between multiple individuals toward a common criminally unlawful goal, gang activity is a natural fit for prosecutors seeking to convict large numbers of offenders at once.

What Are Common Types of Gang Activity in Georgia?

Common types of gang activity in Georgia include drug-related activities, human trafficking, weapons smuggling, theft, and coercion. Any of these activities can potentially be prosecuted at the state or federal level as a RICO charge. For defendants, understanding the complexities of RICO charges is often the first step when mounting an effective criminal defense strategy.

What Is an Effective Defense Against a RICO Charge?

An effective defense against a RICO charge often involves challenging the prosecution’s evidence and establishing that the defendant was not part of a criminal enterprise. A skilled attorney may argue that the defendant’s actions were isolated incidents rather than part of an ongoing pattern of criminal activity. Another common defense is to challenge the connections between the defendant and the alleged criminal organization, proving that the individual was not involved in any conspiracy or enterprise.

Georgia RICO Attorney

Gang-related crimes can lead to serious consequences that place your freedom and prospects in jeopardy. Anyone who is being investigated or was charged with these serious crimes can rely on the legal services of The Law Office of Lawrence J. Zimmerman to provide a robust and strategic defense.

Our law firm understands the severity of RICO charges and the implications of a conviction for your future. Our lead attorney brings more than 25 years of experience successfully defending clients in state and federal court. Our legal team takes a client-focused approach that can explore multiple defense strategies that can further your goals in court. To learn more about our services, contact our office today to schedule your consultation.