How To Beat Organized Crime Charge In Texas

Engaging in Organized Criminal Action is a unique criminal charge. The reason this criminal accuse is different from other crimes is because Engaging in Organized Criminal Action is not a crime in its own right. Rather, this criminal offense enhances or increases the penalties of other charges. This allegation piggybacks on other criminal charges to brand them more severe. If it is alleged in either a criminal indictment or a criminal information, the potential range of penalisation will increase by one level.

For example: this ways that if a person is charged with attack on a family unit member, which is a Class A misdemeanor, an accusation of Engaging in Organized Law-breaking will bump it up to a land jail felony charge. Usually, the underlying crime is a serious felony. For instance, if the underlying charge is an aggravated assault, which is a second caste felony, an allegation of Engaging in Organized Crime will get in a offset degree felony. This commodity discusses many aspects of the charge in depth. If yous or a loved one are facing this criminal allegation, call my office today. I am happy to discuss the specifics of your case with y'all and help you strategize and develop a strong defense.

What is Organized Law-breaking?

The country of Texas has to prove that you and somebody else conspired to commit a offense; or, that you and two others are part of either a "criminal street gang," or that you and ii others constitute what'due south chosen a "combination." These terms are divers and explored beneath in greater detail. A conspiracy requires just two people, but the important number for the other is three . Engaging in Organized Crime is probably not what you think. You may conjure upwards images of the mafia members in double-breasted suits or drug dare members. It's non as elaborate every bit that, simply it tin notwithstanding exist difficult to prove. In essence, it means three of more people who appoint in or conspire to commit criminal activity together. Or it ways a group of three or more people who have an identifying symbol or identifiable grouping leadership. Depending on the facts of your instance, it can exist difficult for the Land to evidence that you are part of a criminal organisation. If yous are facing this allegation, it is important to consult with and retain a criminal defense lawyer who tin can gainsay both the underlying charge as well as the Organized Crime designation.

What is the Law in Texas on Organized Crime?

The criminal statute on Engaging in Organized Criminal Activity is outlined in Section 71.02 of the Texas Penal Code. For the language of the statute, await to Section 71.02 of the Texas Penal Lawmaking.

What are the Penalties?

The penalties are going to be pretty serious in most every case that organized criminal offence is declared. An allegation of Organized Criminal Activity increases the underlying law-breaking one degree, and almost all of these are serious crimes to brainstorm with. The lightest underlying charge listed in the statute is Class A misdemeanor assault or a Class A gambling charge. Therefore, at minimum , you are going to be defending a state jail felony accuse. (All felonies carry up to a $ten,000 fine).

• A country jail felony ranges in punishment between 6 months 2 years in a state jail facility
• A third degree felony ranges in punishment between two years and ten years in prison
• A second caste felony ranges in punishment betwixt two years and upward to twenty years in prison house
• A first degree felony ranges in penalization from life, or between five years and ninety-nine years in prison

What is a Conspiracy?

The statute mentions "commit or conspires to commit." And so, what is conspire to commit? A criminal conspiracy is simply an agreement or coming together of the minds between at least two people almost engaging in some kind of crime. For case, if two guys decide ane night to get burglarize a beach condo, they can be bedevilled of a conspiracy to commit break-in regardless of whether or not the burglary e'er gets carried out. Conspiracy requires something more than words, nevertheless. There is an overt human activity requirement to conspiracy. This ways that one of the people involved in the conspiracy has to do something nigh it. Conspiracy is a crime on its own, but it is also included in the Engaging in Organized Crime statute. Both crimes require some group participation to trigger a criminal charge. Almost of the fourth dimension, in that location is not much directly show of people to commit a crime. So, the statute allows for agreement to be inferred from the circumstances.

What is a Criminal Street Gang?

A criminal street gang is defined in Section 71.01 of the Texas Penal Lawmaking. This will encompass gang colors and any other sort of coordinated apparel. Here is the legal definition: criminal street gang means three people or more that have readily identifiable symbol or sign or a clear leadership structure and who regularly commit crimes or engage in criminal action.

What does Combination Mean?

Combination is besides in Section 71.01 of the Texas Penal Code. The Texas Legislature is casting a large net here. Criminal street gang connotes some kind of brotherhood or common identity, and suggests that individual members know each other. This definition was enacted in order to snare circuitous organizations that operate in secrecy, such as large drug distribution outfits that operate more like a concern. Here is the definition:

"Combination" means iii people or more who join together to engage in criminal activeness, but:

• These people in the combination practise not necessarily have to know each other
• The combination can change membership

Here is a case that helps to illustrate what combination means. In Nyugen 5. State [i], Mr. Nyugen and some of his friends attended a political party put on by the Asian Cultural Committee at the University of Texas, and afterward they went to a restaurant. At the restaurant, they ran into another group who had come from a party put on past a Latin American Students Group. In that location was then a fight that broke out in the restaurant. There was testimony at trial that the fight started considering of comments that Morena, ane of the Latin American students, made to a female in Nyugen's party. Because of the incident, Nyugen and his friends were told to leave, simply they unwisely waited for Morena in the parking lot. Nyugen had a gun, and fired it twice, striking Morena twice and killing him. At trial, Nyugen stated he fired the weapon, that one of his friends drove the auto, and some other friend handed him the gun. Nyugen was convicted of both murder and engaging in organized crime. On appeal, his conviction for engaging in organized offense was reversed. To prove combination, a grouping of three or more than take intent to operate together in a continuing class of criminal activities. Proving intent tin can be challenging for the prosecution.

If you or a loved one are facing an allegation of engaging in organized crime, telephone call me today to hash out your charge.

[i] Nyugen v. Country, ane S.W.3d 694 (Tex. Crim. App. 1999)

Source: https://www.andrewdeeganlaw.com/criminal-defense/organized-crime/engaging-in-organized-criminal-activity

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