Engaging in Organized Criminal Activity in Texas: What You Need to Know

What Is Engaging in Organized Criminal Activity?

You are accused of a crime, maybe a theft or a drug charge, and you expect it to be straightforward.

Then you read the indictment. On top of the underlying offense, there is a second charge: Engaging in Organized Criminal Activity under Texas Penal Code Section 71.02. That one count changes everything about what you are facing.

It is one of the more serious charges in Texas law. It can bump a misdemeanor up to a felony and add years to a sentence. If you or someone in your family is facing it, it pays to understand exactly what the State has to prove.

Under Texas Penal Code Section 71.02, a person commits this offense if they commit or conspire to commit one or more specific crimes. But there is a catch. They must do so with the intent to establish, maintain, or participate in a combination or as a member of a criminal street gang.

What Is a “Combination”?

The law defines a combination as three or more persons who collaborate in carrying on criminal activities. This definition is deliberately broad. It means:

• Participants may not know each other’s identity
• Membership in the combination may change over time
• Participants may stand in a wholesaler-retailer or other arm’s-length relationship

What does this mean for you? The prosecution does not need to prove you knew everyone involved. They do not need to prove you were part of a formal organization. They only need to prove you worked with at least two other people toward criminal activity.

What Is a “Criminal Street Gang”?

The law defines a criminal street gang as three or more persons who have a common identifying sign or symbol or identifiable leadership. They must continuously or regularly associate in the commission of criminal activities.

What Crimes Trigger This Charge?

Not every crime can lead to an organized crime charge. The law lists specific offenses that qualify. These include:

Violent Offenses

• Murder and capital murder
• Aggravated robbery and robbery
• Aggravated kidnapping and kidnapping
• Aggravated assault and assault
• Aggravated sexual assault and sexual assault

Property Offenses

• Burglary
• Theft
• Burglary of a motor vehicle
• Unauthorized use of a motor vehicle

Drug Offenses

• Unlawful manufacture, delivery, or distribution of controlled substances
• Unlawful possession with intent to deliver controlled substances

Other Offenses

• Forgery
• Deadly conduct
• Promotion of prostitution
• Money laundering
• Insurance fraud
• Health care fraud
• Trafficking of persons
• Escape and facilitating escape

The Penalties Are Severe

The punishment for engaging in organized criminal activity is one category higher than the most serious underlying offense. This “enhancement” can dramatically increase your sentence.

How the Enhancement Works

The offense is generally punished one category above the most serious underlying offense. A state jail felony becomes a third-degree felony. A third-degree felony becomes a second-degree felony. A second-degree felony becomes a first-degree felony.

Enhanced First-Degree Felony Penalties

If the underlying offense is already a first-degree felony, the penalties are even more severe:

• Life without parole for aggravated sexual assault in certain circumstances
• Life or 30 to 99 years for continuous smuggling of persons
• Life or 15 to 99 years for other first-degree felonies

Is This the Same as a Conspiracy Charge?

Not exactly. Engaging in organized criminal activity is broader than conspiracy.

Conspiracy requires an agreement and an overt act. This charge requires the same, but with additional elements:

• The agreement must involve three or more persons
• The intent must be to establish, maintain, or participate in a combination or criminal street gang

However, a conspiracy to commit an organized crime offense is punishable in the same manner as the offense itself.

Defense Strategies in Organized Crime Cases

I have defended clients against these charges in Collin County and across Texas. The stakes are high. But there are strong defenses available.

Lack of Intent

The prosecution must prove you intended to participate in a combination or criminal street gang. Your actions must have been done as part of that group. If you were acting alone or with only one other person, this element is not met.

No “Combination” Existed

The state must prove three or more people collaborated in criminal activities. If the evidence shows only two people were involved, the charge must be dismissed or reduced.

Withdrawal from the Combination

Texas law provides a specific defense. At the punishment stage, you can raise the issue of withdrawal. If you prove by a preponderance of the evidence that you:

• Voluntarily and completely renounced the offense
• Withdrew from the combination before the offense occurred
• Made substantial effort to prevent the offense

Then the offense is punished at the same level as the underlying crime, not enhanced.

Challenging the Evidence

These cases often rely on cell phone records, social media posts, and witness testimony. I go through the records line by line, push on the forensic work, and move to suppress anything the police obtained illegally.

McKinney Organized Crime Defense Attorney

At Starr Law, P.C., I have handled complex criminal cases throughout my career. I understand what is at stake when you face an organized crime charge. The penalties are severe. The evidence is often complex. The prosecution will use every tool available to secure a conviction.

I have been practicing criminal defense since 1997, and I was selected to Super Lawyers in 2023. I prepare every case thoroughly, I am prepared to take a case to trial when that is the right course, and I work to hold the prosecution to its burden of proof at every step.

If you are facing a charge under Section 71.02 in Collin County, do not talk to investigators before you have a lawyer. The first call you make should be to a defense lawyer who has handled these cases.

Call Starr Law, P.C. at (214) 982-1408 for a free, confidential talk about your case.

Legal References

• Texas Penal Code, Section 71.01 (Definitions)
• Texas Penal Code, Section 71.02 (Engaging in Organized Criminal Activity)
• Texas Penal Code, Section 15.02 (Criminal Conspiracy)