Texas Organized Crime: Two Intents Must Be Proven
When proving a criminal case prosecutors usually have to prove “intent”. However when a prosecutors bring a case of Engaging in Organized Criminal Activity they must prove tow different criminal intents.
1. The government is required to prove that the defendant had the intent to participate in a “combination” or street gang as defined by the penal code.
2. The government is required to prove the defendant intended to commit one of the offenses covered under the Organized Crime Statute as a member of the combination or street gang.
Many times prosecutors in their zeal over charge a person with Engaging in Organized Crime. For example if you had three men were out together and got into a fight in a bar parking lot with another group, and some one was injured seriously, a prosecutor may choose to indict the three with Engaging in Organized Crime. Under those bare facts the prosecutor would be over charging. Just because there were three people involved is not enough evidence to prove the men were participating in a combination. Furthermore there is proof lacking that assault was part of the objective of a combination.
A person charged with Engaging in Organized Criminal Activity needs an experienced Organized Crime Attorney who knows the law and knows how to defend these against these charges.