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Illegal Control of an Enterprise and Racketeering Charges
When your livelihood and reputation are on the line due to illegal control of an enterprise or racketeering charges in Arizona, it is crucial to have a skilled criminal defense attorney by your side.
At The Law Office of Daniel Hutto, we specialize in providing comprehensive legal representation in Phoenix, Arizona, ensuring that your rights and best interests are protected. With our expertise and dedication, you can trust us to develop a strong defense strategy tailored to your unique circumstances.
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What You Should Know if Charged with Racketeering in Arizona
Understanding Illegal Control of an Enterprise and Racketeering
Illegal control of an enterprise, also commonly referred to as racketeering, involves engaging in criminal activities as part of an organized and ongoing operation or enterprise. Under Arizona Revised Statute ARS 13-2314, these charges are generally guided by the Arizona Racketeering Influenced and Corrupt Organizations (RICO) Act.
Definition
1. Illegal Control of an Enterprise:
- Class 3 felony
- Illegal control of an enterprise in Arizona refers to the act of knowingly conducting or participating in an enterprise through a pattern of racketeering activity.
- The enterprise can include any legitimate or illegitimate organization, association, group, or even an individual entity.
2. Racketeering:
- Class 4 felony
- Racketeering is the process of carrying out illicit activities as part of an organized operation to profit from illegal endeavors.
- These activities often involve running illegal businesses, extorting money, engaging in fraud, money laundering, drug trafficking, human trafficking, and other organized criminal actions.
Arizona RICO Act
- The Arizona RICO Act provides a legal framework to address illegal control of enterprises or racketeering activities within the state.
- It outlines various offenses, penalties, and procedures related to such criminal behavior.
Penalties for Illegal Control of an Enterprise
The severity of penalties for illegal control of an enterprise depends on several factors, including the involvement of a minor.
Arizona Penalties for Racketeering Involving a Minor
- Class 2 Felony: In most cases, if a minor is involved in the crime, the charge may be escalated to a Class 2 felony with far-reaching repercussions. These penalties can range from a minimum of 4 years in prison to a maximum of 10 years. A presumptive term would typically be about 5 years.
Arizona Penalties for Racketeering Not Involving a Minor
- Class 3 Felony: Conviction may lead to a sentence between 2 and 8.75 years in state prison. The presumptive term, generally, is 3.5 years.
- Class 4 Felony: If convicted, one can face 1 to 3.75 years in state prison, with a presumptive term of 2.5 years.
Additional Arizona Sentencing Factors
Given the severity of the crimes, if found guilty of illegal control of an enterprise or racketeering, the court will also consider the following elements when deciding your sentence:
- Prior Convictions: If you have prior felony convictions, the penalties can be substantially increased.
- Restitution: Defendants convicted of these crimes often must pay restitution to the victims.
- Probation: Some offenders, especially first-time offenders, may be eligible for probation instead of imprisonment.
Possible Defenses to Racketeering Charges
When confronting charges of illegal control of an enterprise or racketeering in Arizona, having a sound and effective defense strategy is paramount. Our adept team at the Law Office of Daniel Hutto is prepared to advise and represent you aggressively.
Supporting strategies for a strong defense against Illegal Control of an Enterprise and Racketeering charges:
1. Challenge the Evidence
Our first line of defense is to critically examine all the available evidence. We look for flaws, inconsistencies, or any infringements upon your rights during the collection of evidence. If such weaknesses are found, we may be able to get the evidence suppressed, reducing the prosecution’s case against you.
2. Question Witness Credibility
Witnesses often play a significant role in these types of cases. Our team will rigorously cross-examine all prosecution witnesses to expose any inaccuracies, dishonesty, or incoherence in their testimonies, thereby challenging their credibility and potentially undermining the charges against you.
3. Dispute the Intention
These charges require a specific intent to actively participate or have control over the criminal activity. We can construct a defense around demonstrating insufficient proof of your direct intent or involvement in the alleged illegal activity.
4. Entrapment
A claim of entrapment can be used as a defense if it can be shown that law enforcement officers induced you to commit a crime that you would otherwise not have committed.
When facing serious charges like illegal control of an enterprise or racketeering, it is essential to have a comprehensive and tailored defense strategy. The Law Office of Daniel Hutto will work tirelessly to safeguard your rights and to present a persuasive defense on your behalf.
If you are facing these charges, remember time is of the essence. Reach out to us right away to discuss your case, explore your options and start developing a strong defense strategy against the accusations. At the Law Office of Daniel Hutto, we offer free initial consultations that are confidential and designed to provide you with valuable information and peace of mind.
As we always emphasize, no two cases are exactly alike. Therefore, the most suitable defense strategy will vary depending on the specifics and the complexity of your case. The Law Office of Daniel Hutto is committed to using its expertise and extensive knowledge of Arizona law to prepare a robust and effective defense for you.
Trust The Law Office of Daniel Hutto for Your Defense
At The Law Office of Daniel Hutto, we understand the complexities and potential ramifications of illegal control of an enterprise and racketeering charges. As your dedicated criminal defense attorneys, we are committed to leveraging our expertise and experience to protect your rights and secure the best possible outcome for your case. We will diligently investigate the details, analyze the evidence, and construct a compelling defense strategy on your behalf.
Contact Us Today for a Consultation
If you are facing charges related to illegal control of an enterprise or racketeering, we encourage you to schedule a free and confidential consultation with our experienced team. We will provide you with personalized attention and guide you through the legal process, ensuring that you are well-informed about your options. Contact The Law Office of Daniel Hutto today to discuss your case and take the first step towards securing a favorable outcome. Call (602) 536-7878.
