Engaging in Organized Criminal Activity
Engaging in organized crime’ and criminal activity is a steep legal charge, which is generally utilized when a group works in sync to commit a crime. In lay language when criminal activity is conducted in a rather systematic and structured manner and with an aim to generate illegal income, the Federal and state law then defines it as organized criminal activity. For instance, when a group of people (3 or more people) conspire for stealing something or works in a group for selling drugs, it falls under the category of ‘organized criminal activity’. It is quite a serious charge and therefore should be taken seriously.
Organized crime is a broad category and engaging in organized criminal activity is the state prosecution’s equivalent charge to a conspiracy charge that is frequently used in federal prosecutions. This is because it involves alleged criminal activity by a group of persons who agree to attempt to commit a crime, and who go forward with their agreement to try to carry through with the criminal activity, whether it is fraud, drug trafficking, counterfeiting, or other illegal activity.
It is a complex area, which should be dealt by only experienced defense lawyer. You should build your defense without any further delay if you are charged withorganized criminal activity.
Of course; the techniques and activities may vary however the crime broadly involves
- Trade in illicit substances
As briefed, charges for organized criminal activity carry huge penalties and are even harsher than the penalties for common crime charge. Of course a strong and foolproof defense is vital for defending yourself against these charges and the experienced criminal defense attorney in Dallas, John R Teakell can help in protecting you from life threatening charges.
Groups engaged in organized criminal activity have always been the focal point of the law enforcement agencies on the state and federal levels. Texas, on the state level thus enacted this ‘organized crimes law’ against people who engage in illegal activities.
Different Types of Organized Crimes
According to Texas Penal Code it is a crime to be engaged in conspiring and committing organized criminal activity. It involves –
- Murder and capital murder
- Aggravated robbery
- Arson (Malicious burning for destroying property/evidence)
- Sexual assault
- Illegal sale of firearms
- Illegal manufacture of dangerous drugs
- Illegal delivery of drugs
- Promoting prostitution
- Solicitation of a minor
- Unauthorized use of a motor vehicle
- Other Felony fraud offenses ( under the chapter 32 of the state Penal Code)
Keep in mind; the state prosecutors have the option of adding the charge of ‘engaged in organized criminal activity’ separately. Let’s take an example here – an individual charged with credit card or debit card crime can also be charged with ‘organized criminal activity’ if in case the circumstantial and other evidences clearly show that he committed the crime with two other individuals.
Even if the underlying crime does not take place, a person can still be charged with violating section 71.02 of the Texas Penal Code for ‘conspiring’ to commit the crime. You need to protect yourself in such instances. You should get the best criminal defense attorney for effective criminal defense in Dallas. Teakell is nationally recognized for his skill in criminal defense. The Law Office of John R. Teakell is committed to the best representation for clients who are under investigation for, or who are charged with, criminal offenses. Whether the investigation or Indictment is from federal court or state court, the law office is ready to meet all your needs for criminal defense representation.
Consequences of Organized criminal activity charge
There is no hiding from the fact that engaging in organized criminal activity is punishable as typically a category higher than the “most grievous and most serious underlying charge”
On the other hand; the offense is a FIRST DEGREE felony and carries the punishment of lifelong imprisonment without parole if the offense is proved as an aggravated sexual assault, if the defendant is of 18 years or more and the victim is of 6 years or less.
If the victim is less than 14 years and the defendant commits aggravated sexual assault; if the victim is less than 17 years and suffers serious bodily injury due to the offense, it will also be considered as FIRST DEGREE felony.
Furthermore; if a criminal street gang is involved in the crime, it also falls under the organized criminal activity and is considered as a FIRST DEGREE felony.
Stay Informed About the Dangers of Overcharging
This law is certainly a powerful tool and when used properly the law helps the enforcement department in combating street gangs and criminal organizations, which otherwise may pose serious risk to the society and community. However often the law is overused and is labeled as ‘overcharging’.
It happens when the state prosecutor charges something more serious and something bigger than what ‘they’ (read the defendants) actually did. Let’s take an example here to understand ‘overcharging’ better. Let’s say 2 people decided to break into a car and steal something. They committed the crime. Later they call over a friend or picks up a friend and all 3 were found in the car when the car was pulled by the law enforcement department. It can be labeled as ‘overcharged’ if all of 3 of them are charged with ‘engaging in organized crime’. On the contrary the reality is 1 would not be guilty and the rest of them would be charged a misdemeanor instead of jail felony.
How John. R. Teakell the criminal defense attorney in Dallas can help.
The fact of the matter is; you need not to be the member of any infamous gang in order to be charged with organized crime. To be precise; you even do not have to know the identities of the other alleged participants to be charged with organized crime. All that the prosecutor needs to charge you with organized crime is just the evidence that 3 or more people have worked together to carry out the criminal activity. It is thus quite easy to find yourself facing serious charge and even more serious consequences than you may actually have thought.
Only an experienced lawyer has the legal knowledge, skill and the technical knowhow to point out to the jury where that evidence falls short. The Law Office of John R. Teakell stands ready to assist in your case, not only in court appearances, but also in preparing evidence to rebut the government’s case or in the preparation of a trial defense. His skill, technical knowhow and immense experience in this particular area can save you from prison or can help in shaving years off from an otherwise possible sentence.
Remember; the charge of organized criminal activity requires proof beyond all reasonable doubt. This means; the evidence that the prosecutor collects should establish the fact that the defendant acted with an intention to “participate in a combination, to commit or conspire to commit one or more offenses.” Criminal defense in Dallas is complex and Teakell can work to establish the fact that no such organized criminal activity has been committed if 3 or more people were not involved. During the pre-file investigation Teakell can work to convince the prosecutor that the evidence is not adequate enough in proving that the combination of people existed. Of course; this means reduced charges. Teakell maintains open and clear level of communication in order to pursue the best outcome possible, regardless of the complexity of the case.
Retaining the best criminal defense attorney early in the investigation is therefore very critical to form a strong defense in your favor. Fret not; he knows how to counter prosecutor’s strategies in order to obtain favorable results. Act now if you have been charged with engaging in organized crime. Talk to Teakell Now