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Fort Worth Lawyer for Those Accused of Engaging in Organized Criminal ActivityHave you been accused of engaging in organized criminal activity in Texas? If so, you may be facing enhanced penalties for the offense you are accused of committing or conspiring to commit than if you had just been accused of committing said offense by yourself. And because accusations involving organized criminal activity are often tried by special prosecutors who specialize in organized crime, it’s important to hire an attorney with the right experience to help you both fight the underlying charge and disprove the accusation of involvement of organized crime. The Texas organized crime attorneys at Westfall Sellers possess the necessary experience to help you fight these enhanced charges. Call us at 817-345-7978 or contact us online to request a case evaluation today.
What is “engaging in organized criminal activity”?Contrary to popular belief, engaging in organized criminal activity is not a criminal charge in and of itself. Rather, engaging in organized criminal activity refers to a criminal act performed with a certain kind of intent—“the intent to establish, maintain, or participate in a combination or in the profits of a combination or as a member of a criminal street gang.” A “combination,” in this case, means “three or more persons who collaborate in carrying on criminal activities.” Criminal actions that can constitute engaging in organized criminal activity include but are not limited to:
For a full list of criminal actions of charges eligible for enhanced penalties due to organized criminal activity, see Section 71.02 of the Texas Penal Code. What is considered a criminal organization?Despite what you might see in movies, you don’t have to be in the Mafia or a large street gang to engage in organized criminal activity. In Texas, there are two types of criminal organizations:
Criminal street gangsUnder Texas law, a criminal street gang is defined as “three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities.” Things like gang tattoos, photographs of the accused flashing gang signs, wearing gang colors or uniforms during the commission of a crime, or any other act that signifies membership in a criminal street gang can be used by prosecutors to allege that you were engaging in organized criminal activity in addition to the original accusation(s). CombinationsAgain, in the context of organized crime, a combination is defined as three or more persons who collaborate in carrying on criminal activities, but this definition is broader than it seems. Unlike involvement in a criminal street gang, establishing that a person did something as a member of a “combination” does not require the person knew any other member previously, or even at the time of the alleged offense. Further, a combination’s members don’t have to be fixed—membership can change from time to time. Finally, participants can be considered a combination even though they operate with one another from a distance, doing seemingly “arms-length” deals. Committing a crime vs. conspiring to commit a crimeUnder Texas law, you don’t necessarily have to commit a crime in order to engage in organized criminal activity. You can also be prosecuted for conspiring to commit a crime as part of a criminal street gang or a combination. In Texas, a person “conspires to commit” a crime when the person agrees with one or more accomplices to commit a criminal offense, and then someone from the group takes some form of “overt act” toward accomplishing the agreement. Any steps taken toward the commission of the agreed-on crime (even non-criminal steps) can be deemed overt acts, such as:
These and other “overt acts” can be used to allege criminal conspiracy with or without any tape-recorded verbal agreement or signed written agreement to commit a crime. That’s because the agreement can be proven circumstantially. For instance, if you and your friend are both gang members and are caught in possession of ski masks, crowbars, and a list of area homes and their owners’ work schedules, your ownership of these items could constitute conspiracy to commit burglary of a habitation as part of a criminal organization. Penalties for engaging in organized criminal activity
Being accused of organized crime in Texas means you could be hit with more severe penalties if convicted of committing an underlying offense. In general, if you’ve been accused of engaging in organized criminal activity, then the penalty for committing an underlying offense will be bumped up one degree higher than the penalty of the underlying offense. For example, if you are convicted of an assault causing bodily injury to an on-duty policeman, that’s normally a third-degree felony. But if it is proven you assaulted the policeman in furtherance of a criminal enterprise, that would upgrade your penalty range to that of a second-degree felony.
There are also special sentencing guidelines when cases meet particular conditions or involve certain underlying offenses.
Note: While conspiring to commit an offense is normally punished as one category lower than the underlying offense, conspiring to commit an offense in the organized crime context can instead be punished at the same level as the underlying offense. Accused of engaging in organized criminal activity in Texas? Call Westfall Sellers.If you’ve been accused of engaging in organized criminal activity in Texas, the stakes of your case have already been raised. To prove your innocence, you not only have to fight the accusation of the underlying offense—you also have to guard against the accusation that you were involved with a gang or a combination. You need to work with the best defense lawyer in Texas for you; a lawyer or team of lawyers whose experience and successes in the courtroom match the details of your case. The skilled attorneys at Westfall Sellers know how to face these challenges—and the special prosecutors who may bring them—head on, and win. Our toughness in the courtroom is matched by the integrity with which we treat our clients and the ferocity with which we will fight for your freedom. Why? Because we never forget what you never forget: That you only get one shot at this. Call us at 817-345-7978 or contact us online to request a case evaluation today. Latest ArticlesWhat is engaging in organized criminal activity in Texas?The criminal charge of engaging in organized criminal activity requires proof beyond all reasonable doubt that a person acted with the intent to establish, maintain or participate in a combination, to commit or conspire to commit one or more of the enumerated offenses.
What is the sentence for organized crime in Texas?(b) An offense under this section is a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 25 years.
Is engaging in organized criminal activity a 3g offense in Texas?Engaging in Organized Criminal Activity is one of the most misunderstood laws in Texas criminal law. Both police officers and prosecutors often erroneously believe that any time three or more people commit a crime those people can all be charged with Engaging in Organized Criminal Activity. This is not the law.
Is there organized crime in Texas?From the horse-riding outlaws of yesteryear's Wild Bunch to today's street gangs like MS-14 and Tango Blast, Texas has a long history of notorious gangs.
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