Engaging in organized criminal activity under Texas Penal Code § 71.02 is less a separate crime than a multiplier. The State takes the underlying offense and raises it one felony category. A third degree felony becomes a second degree. A second degree becomes a first degree. And when the most serious underlying offense is already a first degree felony, the range does not simply shift, it starts at 15 years instead of 5.
The State must prove that three or more people collaborated in carrying on criminal activities, and that the defendant acted with intent to establish, maintain, or participate in that combination or in its profits. Several people committing several crimes is not enough.
In Harris County this enhancement gets stacked onto ordinary drug and theft cases against people who have never belonged to any organization, because it gives prosecutors leverage at the plea table. Attacking the combination element is usually the entire defense.
About Criminal Defense Lawyer Nathaniel Pitoniak
Nathaniel Pitoniak served as a Felony Prosecutor and Chief Prosecutor at the Harris County District Attorney’s Office, where he evaluated which cases could support this enhancement and which could not. He has spent more than 17 years since then defending clients in Houston, has tried more than 30 jury trials, and has obtained hundreds of dismissals across felony and misdemeanor cases.
Because these charges proceed by indictment, the work that matters most happens before a grand jury ever votes. Nathaniel has repeatedly developed evidence during the investigation and presented it for the grand jury’s consideration and obtained no bills, meaning the panel declined to indict and the case did not move forward.
In one matter where a client faced two felonies with exposure to a life sentence, he ran an independent investigation and secured a no bill on both counts. In a case involving two federal felony counts, one charge was thrown out and the other dismissed. In a felony carrying a punishment range of 25 to 99 years, he tried the case to a jury and secured a Not Guilty verdict.
He earned his law degree from the University of Houston Law Center after graduating with honors from the University of Texas at Austin in three years. He is admitted to the State Bar of Texas, belongs to the Harris County Criminal Lawyers Association, holds an Excellent rating on Avvo and an A+ rating from the Better Business Bureau, and has been recognized by Super Lawyers. He practices criminal defense exclusively.
Nathaniel also represents clients whose mental health conditions or developmental disabilities contributed to the conduct they are charged with, including clients swept into group allegations because of who they were around rather than what they did. More on his mental health defense practice.
If you have been contacted about an investigation that involves other people, do not give a statement. In combination cases the State builds the enhancement out of what co-defendants say about each other. Call (832) 315-6283. The office answers 24 hours a day.
What is Organized Crime?
The roots of America’s organized crime can be traced back to Prohibition (1920-1933) when our country saw tremendous growth in crime. When the repeal of the Eighteenth Amendment put an end to bootlegging—illegally manufacturing, selling, or transporting liquor—criminal “bosses” became even more organized as they turned to other illegal activities. Although organized crime groups are often referred to as “families,” due to the hierarchical setup, the members of the group may or may not be genetically related to one another. Organized crime groups have typically sought protection from interference with their illegal activities from the police as well as the judicial system. Organized crime groups have flourished in the U.S., generally due to threats, intimidation, and bodily violence inflicted on those who threatened to inform or testify, as well as from bribery and payoffs.
What are the Different Types of Organized Crime Offenses?
Any time several people (three or more) people are working together to commit criminal acts, organized crime charges may be brought in addition to charges for the criminal acts themselves. Some of the offenses which can also garner organized crime charges include:
- Stealing and re-selling automobiles;
- Laundering money;
- Setting up and operating a drug distribution network;
- Theft of any items;
- Homicide;
- Forgery;
- Burglary;
- Human trafficking;
- Kidnapping;
- Arson;
- Sexual Assault, and
- Aggravated Assault.
What are the Penalties for Organized Crime in Harris County?
As noted, engaging in organized crime usually results in harsher penalties than one person charged with the underlying offense would face. The state of Texas is required to prove intent by the defendants existed, and that the actions of the defendants directly connect to the crime. When organized crime is charged, in the event of a conviction, the penalties will equal those of the original crime, raised by one category.
As an example, if the underlying crime would be charged as a third-degree felony, the state would charge all those they believe to have participated in the crime with a second-degree felony. Since the difference between sentencing in a third and second-degree felony in the state of Texas can be an additional ten years in prison, the distinction is very important. A defendant in the state of Texas can potentially be indicted for engaging in organized crime as well as for the crime itself.
How is Organized Crime Proven in the State of Texas?
Typically, organized crime groups are discovered via infiltration by state or government agents. That being said, it can be difficult to prove organized crime, as a shared intent to commit multiple acts of crime must be clearly shown. The prosecution must prove that a defendant, with the intent to establish, maintain, or participate in a combination or in the profits of a combination, commits or attempts to commits the underlying offense.
Are There Defenses to Charges of Organized Crime?
Although your exact defense will depend on the circumstances surrounding your charges, there are certain defenses that could be applicable in your situation. Organized crime laws can easily result in overcharging by prosecutors. In some instances, during the pre-file investigation, your criminal defense attorney may be able to convince the prosecutor that the evidence is insufficient to prove a combination of people existed—despite evidence of multiple people, committing multiple crimes. This could significantly reduce your charges, making a favorable plea deal more likely, or, should there be a conviction, making the penalties less severe. Your criminal defense attorney may also be able to contest whether the requirement of “combination,” or “criminal street gang,” has been properly met.
How the Law Office of Nathaniel Pitoniak Can Help with Organized Crime Charges
Since being charged with an organized crime can significantly increase the penalties associated with the underlying crime, you need a highly experienced Houston criminal defense attorney by your side. Nathaniel Pitoniak has spent over 15 years practicing criminal law; prior to becoming a criminal defense attorney, Mr. Pitoniak was a felony prosecutor and chief prosecutor in the Harris County Attorney’s office. Attorney Nathaniel Pitoniak is well-respected by his clients, former clients, and peers. The Law Office of Nathaniel Pitoniak can help you face your charges of organized crime from the best position possible. Contact Nathaniel Pitoniak today for representation for any criminal defense need.
Law Office of Nathaniel Pitoniak
Address: 4115 Canal St,
Houston, TX 77003, United States
Ph: (832) 315-6283
