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Engaging in Organized Crime in Fort Worth is laid out in Section 71.02 of the Penal Code. Depending on the criminal activity that is alleged, this offense can be alleged as a State Jail Felony all the up to a capital felony offense in Texas.
Generally, these cases allege that the individual accused, with the intent to establish, maintain or participate in the profits of a combination or as a member of a criminal street gang, committed a particular offense. There are currently over 3,300 individuals in Texas prisons after being convicted of this offense, 92% of whom are men.
“Combination” means three or more persons who collaborate in carrying on criminal activities.
“Profits” means property constituting or derived from any proceeds obtained, directly or indirectly, from an offense listed in Section 71.02.
“Criminal street gang” means 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.
Penal Code Section 71.02 that sets out the elements for Engaging in Organized Crime in Texas. When the State alleges a person Engaged in Organized Crime, they are essentially accusing the person of committing a criminal offense with the intent to establish, maintain, or participate in profits of a “combination” or “criminal street gang.”
A combination is defined as three or more persons who collaborate in carrying on criminal activities. A criminal street gang is defined as three or more persons who have a common identifying sign or symbol or identifiable leadership who continuously or regularly associate in the commission of criminal activities. Profits mean property derived from proceeds obtained directly or indirectly from organized criminal activity.
Engaging in organized criminal activity with the intent to commit capital murder alleges that a person with the intent to establish, maintain, or participate in profits as a member of a criminal street gang committed the offense.
The penalty is generally one category higher than the standard penalty for the most serious offense committed. For example, if the underlying offense is a second-degree felony, that offense would become a first degree offense if alleged as Engaging in Organized Crime.
One of our recent clients was one of the Waco bikers who was arrested for Engaging in Organized Crime. We are pleased to report that after a prolonged battle, the charges against our client were ultimately dismissed.