What these charges are
Originally intended to prosecute organized crime, Georgia RICO (O.C.G.A. 16-14-4) makes it a felony, five to twenty years, to participate in an “enterprise” through a “pattern of racketeering activity”, which means two or more related predicate crimes. The gang statute (O.C.G.A. 16-15-4) makes it a separate felony, with a mandatory minimum of five years, to commit certain crimes for the benefit of a criminal street gang. Both statutes are complex and the State can bring in evidence from years before and from other counties and states. Even minimal involvement in the organization can mean that a person can be punished the same way as the leader.
How the defense is different
The defense in these cases centers on association and on proof of the enterprise itself: whether there was in fact an organization, rather than a group of people who knew one another; whether this client committed two related predicate acts, or the State is counting someone else’s; and whether the social media posts and lyrics the prosecution describes as “gang evidence” are admissible at all. Severance motions protect a client from being tried alongside co-defendants whose evidence would prejudice the jury, and wiretap applications are read closely, because the law imposes strict requirements on them.
As a prosecutor, Brandon responded to severance motions, to Franks challenges to wiretap affidavits and to challenges to gang expert testimony. That experience now informs how our office defends these cases.
Common questions
What does RICO mean in Georgia?
The Racketeer Influenced and Corrupt Organizations Act. Georgia’s version is broader than the federal law: it requires only two related predicate crimes and no proof of an ongoing organized crime structure, which is why prosecutors use it for everything from gang cases to fraud rings.
Can I be convicted under RICO if I did not commit the main crimes?
The RICO charge is complicated but generally the State must prove that you participated in committing or conspiring to commit two predicate acts even if someone else committed the main acts. Merely being a friend, relative or associate of people who did is not enough, though prosecutors often charge as if it were.
What is the sentence for a gang charge in Georgia?
The gang statute adds a mandatory minimum of five years, up to twenty, on top of the underlying offense, and the sentences generally run consecutively. That is why the gang count is often the most important charge to defeat.
Will I be tried with everyone else in the indictment?
Not necessarily. Georgia law allows a defendant to move for severance, and judges grant it when a joint trial would be unfair. Brandon files and argues severance early in multi-defendant cases.
This page is general information about Georgia criminal law and is not legal advice about your case. Prior results do not guarantee a similar outcome. Every case is different.