Engaging In Organized Crime
Engaging in organized crime in Texas refers to participating in activities that involve three or more persons collaborating to commit certain criminal offenses. This definition is based on the Texas Penal Code, specifically the “Engaging in Organized Criminal Activity” statute. The law aims to combat the collaboration of individuals in committing crimes, which typically includes but is not limited to activities such as drug trafficking, illegal gambling, theft, and murder.
Engaging in Organized Crime, Generally
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.
What Is A Combination?
“Combination” means three or more persons who collaborate in carrying on criminal activities. The criminal activity must involve three or more persons. This means an individual can be charged with this offense if they work with at least two others to commit a crime.
What Are Profits?
“Profits” means property constituting or derived from any proceeds obtained, directly or indirectly, from an offense listed in Section 71.02.
What Is A Criminal Street Gang?
“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.
What offenses can be enhanced as Engaging in Organized Crime?
The specific offenses that can constitute engaging in organized criminal activity include, but are not limited to:
- Assaultive Offenses: This includes serious bodily injury to another, aggravated assault, and sexual assault.
- Murder and Manslaughter: Homicide offenses fall under this category.
- Kidnapping and Unlawful Restraint: These crimes involve illegally seizing and detaining a person.
- Robbery: This includes both robbery and aggravated robbery.
- Arson: Illegally burning or bombing property.
- Burglary and Criminal Trespass: Unauthorized entry into a building or property with the intent to commit a felony, theft, or assault.
- Theft and Related Offenses: This includes theft, aggravated theft, and receiving or concealing stolen property.
- Controlled Substance Offenses: Manufacturing, delivering, or possessing with intent to deliver controlled substances. Drug trafficking often falls under this category.
- Illegal Gambling: Organizing or participating in earnings from gambling activities.
- Prostitution and Related Offenses: This includes promotion of prostitution, aggravated promotion of prostitution, and compelling prostitution.
- Weapons Offenses: Unlawful manufacture, transport, repair, or sale of firearms or prohibited weapons.
- Money Laundering: The process of concealing the origins of illegally obtained money.
- Credit Card or Debit Card Abuse: Illegal use of credit or debit cards or the information thereof.
- Forgery and Fraudulent Practices: This includes forging checks, documents, or committing various types of fraud.
- Child Pornography: Distribution or possession of child pornography.
- Certain Computer Crimes: Crimes involving the use of technology or the internet, like hacking or cyber fraud.
Engaging In Organized Crime
Penal Code Section 71.02 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.
Actual Case Results · Varghese Summersett
Varghese Summersett Case Results in Organized Crime Cases
Ten felony counts, six of them carrying life, resolved on a single state jail charge. Every case below is a real matter our attorneys handled and resolved for an actual client of this firm. These are Varghese Summersett’s own results, not hypotheticals, not industry examples, and not another firm’s work. Identifying client details have been removed.
All Ten Assault and Firearm Counts Dismissed
- Charge
- Six counts of Engaging in Organized Criminal Activity predicated on Aggravated Assault with a Deadly Weapon, plus four counts of Deadly Conduct
- Charge level
- Six first-degree felonies and four third-degree felonies
- What our client faced
- 5 to 99 years or life on each of the six top counts
- Venue
- Tarrant County
- Handled by
- Varghese Summersett
Our client was indicted in Tarrant County on six counts of engaging in organized criminal activity predicated on aggravated assault with a deadly weapon, each a first-degree felony carrying five to 99 years or life, plus four counts of deadly conduct for allegedly discharging a firearm at an occupied apartment complex, each a third-degree felony. The State’s claim that he was one of the shooters rested principally on one co-defendant, who told investigators our client grabbed a firearm and fired toward the building. The rest of the witnesses said otherwise. A second co-defendant told police our client did not shoot. An independent witness reported he was not holding anything during the confrontation and was seen only striking a vehicle, which lined up with the remaining accounts describing the shooters as young men rather than our client. The complaining witness also told police the shots went into the air rather than at anyone. We used those conflicts to attack attribution, then separated the property-damage evidence, which several witnesses did support, from the far more serious claim that our client possessed or fired a gun.
Result Varghese Summersett obtained: the State dismissed all six organized criminal activity counts and all four deadly conduct counts. The case resolved on a single state jail felony criminal mischief charge with five years of deferred adjudication.
An accusation is not a conviction. Past results do not guarantee future outcomes, and every case depends on its own facts.
What is the punishment for Engaging in Organized Crime in Fort Worth?
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.