Have You Been Arrested For A Racketeering Drug Crime in Arizona?

Everything You Need To Know About A Racketeering Drug Crime in Gilbert, Arizona

In Arizona, a racketeering drug crime is both a state and a federal offense. In addition to a lifelong criminal record, a conviction can result in probation, jail time, and heavy penalties. So, if you have been arrested for a drug racketeering crime in Gilbert, Arizona, you should seek legal advice as quickly as possible.

Accordingly, here's everything you need to know about racketeering drug crime in Gilbert, Arizona.

Arizona Laws on Racketeering Drug Crimes

Drug racketeering according to Arizona laws, is any act involving illegal drugs or controlled substances for financial benefits that is chargeable or indictable under state law and punishable by more than one year in jail. Racketeering can refer to either an organized crime ring that traffics illicit drugs through an organization or a group that runs a racket (illegal business). In other words, it's against the law in Arizona to utilize a corporation or other group of people to commit drug crimes (or any crimes). If the crimes are committed for financial benefit, even homicide, prostitution, kidnapping, robbery, and weapon trafficking can be considered racketeering.

Furthermore, racketeering is seldom a single offense. Instead, underlying charges that are part of the criminal activity are generally present. As a result, the law treats these as different offenses. This means you could face charges for racketeering drug crimes and other offenses like homicide or robbery. Thus, racketeering charges can have severe implications and be challenging to defend.

It's vital to remember that the leaders of these drug racketeering organizations aren't the only ones who can face charges. In fact, the legislation applies to anybody who engages in the enterprise, either directly or indirectly, or conducts their business in a racketeering-like manner and has knowledge of racketeering operations. Employees of the company would be included if they were aware of the racketeering crimes.

Penalties For Drug Racketeering Crimes in Gilbert, Arizona

If you were arrested for a racketeering drug crime in Gilbert, Arizona, you might face a class 3 felony charge. A Class 3 felony involves 2 to 8.75 years in prison. However, If you employ a minor to commit the crime, the punishment is more severe.

For instance, if you hired someone under 18 years old to engage in drug racketeering, you would be breaking the law. You could be charged with a class 2 felony. A class 2 felony carries a sentence of between 3 and 12.5 years in prison. Furthermore, you will be ineligible for probation or a suspended sentence.

In addition, the duration of your sentence is usually determined by whether you have any previous convictions. The more prior convictions, the longer the sentence. Also, if the racketeering occurred while on probation or in prison, you are more likely to face more severe punishment.

If this is your first violation, you might face probation and up to a year in jail or prison time up to 8.75 years. If you've been convicted once before, you might get a prison-only term of 16.25 years. You might face up to 25 years in prison if you have two previous convictions.

As earlier indicated, racketeering drug crimes go with additional offenses. For instance, you may only receive a 2-year sentence for racketeering. Still, if the underlying allegation was a homicide, your penalty may increase significantly. In reality, you could face an additional ten years or even life imprisonment.

You may acquire a racketeering drug crime conviction if you're affiliated with or employed by a corporation and conduct corporate affairs through racketeering or are aware of the company's drug crimes.

Federal RICO Laws

For the most part, you could face federal RICO charges and state sanctions if you are arrested for drug racketeering in Gilbert, Arizona.

Racketeer Influenced and Corrupt Organizations Act(RICO) is a national statute enacted to battle organized crime in the United States. It allows for civil and criminal prosecution for racketeering activity that occurs as part of a larger criminal organization.

Examples of racketeering activities are Illegal gambling, bribery, kidnapping, murder, money laundering, counterfeiting, embezzlement, drug trafficking, enslavement, etc.

Convictions under the federal RICO act can result in severe penalties, such as:

• A maximum of twenty (20) years in jail or life in prison (if certain crimes such as murder are part of their racketeering offense).
• A fine of up to $250,000, or double the amount of the crime's earnings.
• All property, revenues, and property derived from the proceeds of crime, as well as whatever stake the defendant has in the illegal operation, must be forfeited (for all RICO convictions)

To be found guilty under RICO, the prosecutor must establish that the defendant:

• was a member of a criminal enterprise (such as a gang or mafia),
• In the previous ten (10) years, while participating in an organized crime group, committed at least two (2) felonies from the list of crimes that constitute racketeering activity.

A defendant can be prosecuted for the following three federal RICO-related offenses:

• Managing or being a part of a racketeering operation
• Earning or maintaining interest in a racketeering business.
• Investing earnings gained from racketeering activities

Defending Drug Racketeering Charges in Gilbert Arizona

For the most part, racketeering drug charges are complicated and might have far-reaching ramifications. Nevertheless, you have the right to be represented by an experienced drug crimes attorney in Gilbert, Arizona.

Also, it's best to hire a knowledgeable lawyer who is familiar with racketeering allegations, potential federal crimes, and any underlying felonies. Your lawyer can examine your case, answer your questions, and assist you in devising the best course of action. At any rate, find a lawyer who will help you reduce your penalty in some situations and, if feasible, have the accusations dropped.

While these offenses are weighty and may result in severe punishments and other repercussions, you may be able to use one of several defenses. The state must prove that you were the perpetrator of the offense beyond a reasonable doubt. Moreover, proving your guilt in a criminal case necessitates considerable evidence.

Lack of Knowledge of drug racketeering activities.

A lack of awareness is the most common defense for a racketeering drug accusation. Lack of knowledge happens when someone is misled into participating in a business with the proceeds of drug trafficking.

On the other hand, this would be exceedingly tough to argue if you were the organization's leader. Still, the state may not have enough evidence to prove that you were aware of racketeering behavior. Charges against you would have to be dismissed in this circumstance.

Lack of Criminal Intent

Another defense is that you lacked the necessary intent to conduct the crime. The state must establish that you meant to or recklessly committed the underlying offense and engaged in the criminal enterprise before winning their case.

In some cases, your defense may argue that you weren't participating in racketeering because there was no financial benefit, payment, or money involved in the drug crime.

Constitutional Rights Violations

Finally, you may be able to insist on other defenses if your constitutional rights have been violated. For example, if there was an illegitimate search, no reading of Miranda rights during your arrest, or you were refused the right to an attorney. Any evidence gathered due to the violations of your rights cannot be used against you in court.

Conclusion

In Arizona, racketeering is a serious crime. Racketeering accusations are significant and complex offenses that are likely to be investigated by one or more law enforcement agencies over a long period. For this reason, if you have been arrested for a drug racketeering crime in Arizona, you should entrust your defense to a skilled defense attorney in Gilbert.