Gang & Banditry Defense Lawyer in Georgia | Legal.ge

GangActivityDefense

Banditry vs. Group Robbery: What's the difference?

Banditry implies a stable, armed group created for multiple attacks. Group robbery can be a one-time event. Banditry carries heavier penalties.

Will I be exempt if I surrender weapons?

Yes, voluntary surrender of weapons and cooperation before committing an attack can lead to exemption from criminal liability under Georgian law.

Is a firearm required for a "gang"?

No, a gang can be armed with any weapon, including knives or blunt objects, as long as they are used for attack purposes.

Can I request a Jury Trial?

Yes, defendants accused of serious crimes like banditry have the right to choose a jury trial in Georgia.

Gang Activity and Illegal Formation Defense (Article 223/224): Defending Against Serious Charges

Banditry and participation in illegal formations are particularly serious crimes against public security. Georgian legislation strictly combats organized crime, as reflected in the severe penalties provided by Articles 223 (Creating or participating in an illegal formation) and 224 (Banditry) of the Criminal Code. Charges often rely on the fact of group action, illegal possession of weapons, and criminal plans. In such cases, the prosecution tries to prove the group's stability, armament, and organization. It is vital for the accused to have a qualified lawyer to refute the main elements of the charge — for example, the group's "armament" or "organization," which is decisive for qualification.

Legal.ge offers lawyers specializing in cases related to organized crime. Our experts will thoroughly study the case materials and develop an effective defense strategy to protect your rights and freedom.

What Does Gang Activity Defense Service Cover?

The lawyer's service focuses on changing the severe qualification and refuting charges:

Analyzing Crime Composition: The defense checks whether the group meets the legal definition of a "gang" or "illegal formation" (armament, stability, purpose).
Excluding Weapon Connection: Armament is essential for banditry. The lawyer will try to prove that the group did not have weapons, or they were not used for criminal purposes.
Checking Legality of Wiretaps: Charges often rely on covert surveillance. The lawyer will verify if these recordings were obtained legally and are admissible.
Highlighting Individual Responsibility: Minimizing the specific person's role instead of collective responsibility and separating them from the criminal group.
Plea Bargaining: Negotiating with the prosecution to mitigate the sentence and avoid harsh punishment.

Common Scenarios and Risks

Charges are often related to the following situations:

Armed Group Attack: Robbery or assault committed by several armed individuals.
Paramilitary Groups: Creating volunteer squads not registered according to the law.
Criminal Showdowns: Armed confrontation between different factions.

Georgian Legal Framework

Article 223 of the Criminal Code of Georgia prohibits the creation, leadership, or participation in an illegal formation (squad, association). The punishment is imprisonment for 6 to 12 years. Article 224 (Banditry) is even stricter, involving the creation or participation in an armed gang for the purpose of attack. The sentence ranges from 6 to 15 years in prison. Importantly, a person is exempted from liability if they voluntarily surrender and hand over weapons (under certain conditions).

Steps in the Process with a Specialist

Working with a lawyer involves:

Case Review: Detailed analysis of the indictment and evidence.
Strategy: Changing qualification (e.g., from banditry to group robbery) or full acquittal.
Evidence: Confirming alibis and witness testimonies.
Court: Defense before a jury or judge.

Why Legal.ge?

Charges related to organized crime carry long prison sentences. You cannot afford mistakes in such times. Legal.ge connects you with experienced criminal defense lawyers who will protect your interests and fight for a fair verdict.