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What are some of the possible defenses to organizing in criminal activity?

El Paso, TX |

I was wondering what some of the potential defenses to organizing in criminal activity is (aside from obvious ones like there was no crime committed or the act participated in was not illegal even if it was accomplished).

I meant engaging in organized criminal activity per TX Crim Code 71.02

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Attorney answers 1


Engaging is usually a sign in El Paso that the prosecutor is over charging the offense. That does not mean that they cannot prove it, but that they probably will not attempt to. However, the defense is usually not to the engaging, but to the underlying offense, of robbery, assault, agg. assault, etc. There seem to be very few successful engaging cases brought in El Paso.

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