Texas Engaging In Organized Criminal Activity Used To Enhance Punishment
The Texas Engaging in Organized Criminal Activity is a powerful tool used by law enforcement and Texas prosecutors to enhance criminal charges. Generally speaking if a person is charged with Engaging in Organized Crime the penalty range from the underlying crime goes up a degree. Prosecutors also like trying defendants for Organized crime because they can more easily introduce extraneous offense to prove their case.
The Texas Engaging In Organized Crime Statute is located in Section 71.02 of the Texas Penal Code. It reads in part as follows ” A person engages in organized criminal activity: when the person, with intent to establish, maintain, or participate in a combination commits or conspires to commit one or more enumerated offenses”.
Participating in what the penal code calls a combination is essential in the government proving this crime. A “combination” is three or more people who collaborate in carrying on criminal activities. An experienced criminal defense attorney can often find weaknesses is this part of the governments case. The defense must obtain all evidence the state has alleging combination and determine a plan to attack and discredit this element of the prosecution’s case.