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Criminal Defense · Georgia

RICO and gang charges: when the State indicts a group

Former prosecutor. Now on your side.

The State uses Racketeering (RICO) and the Gang Act to charge a lot of people with a crime. If you are charged with one of these offenses the State will try and use evidence of other people’s crimes against you and they can present evidence from things in your past that have nothing to do with the current charge. It is extremely important that you have an experienced attorney representing you who has experience handling RICO and Gang cases. Brandon spent twelve years prosecuting these cases, including leading the unit responsible for them.

Reviewed by Brandon Delfunt ·

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.

Answered by Brandon Delfunt · Updated September 2026

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.

Answered by Brandon Delfunt · Updated September 2026

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.

Answered by Brandon Delfunt · Updated September 2026

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.

Answered by Brandon Delfunt · Updated September 2026

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.

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