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Engaging in Organized Criminal Activity

Engaging in Organized Criminal Activity is one of the most misunderstood laws in Texas criminal law. Both police officers and prosecutors often erroneously believe that any time three or more people commit a crime those people can all be charged with Engaging in Organized Criminal Activity. This is not the law.

A person can be charged with Engaging in Organized Criminal Activity when that person (1) took some part in committing an underlying crime, and (2) did this as part of a “combination” (three or more people working together in some way) or as part of a “criminal street gang.” Not all crimes can be made into an Engaging in Organized Criminal Activity case, and many prosecutors, lawyers and police officers do not realize this.

Prosecutors like to charge people with Engaging in Organized Criminal Activity because it increases the punishment range for a particular crime. If, for example, someone is charged with Engaging in Organized Criminal Activity where the underlying crime is a First Degree Felony such as an Aggravated Robbery, the minimum prison time that person would face would be 15 years. This would make the person ineligible for probation. There are also serious parole consequences associated with an Engaging in Organized Criminal Activity conviction.

Ed McClees is the former head of the Harris County District Attorney's Office Organized Crime Section. He used to not only routinely prosecute Engaging in Organized Criminal Activity cases, he also trained police officers and prosecutors on the complex laws associated with these cases. If you or a loved one is facing charges of Engaging in Organized Criminal Activity give us a call. We have the experience and resources to quickly help you fight your case.

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If you have been charged with a crime or are concerned that you are being investigated for a crime, call us immediately. Please provide a personal email and a cell phone number so that we can immediately reach you. We will put our years of experience and proven results to work for you.

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