Understanding Arizona Racketeering Statute: ARS 13-2301 ARS 13-2312 ARS 13-2313 & ARS 13-2314
Facing Arizona racketeering charges can be overwhelming. The legal system is complex and can be intimidating. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of the Arizona Racketeering statute. It explains key terms and the sentencing guidelines for Arizona RICO charges. It also answers frequently asked questions about your charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense lawyer. If you are charged under the Arizona racketeering statute, consult with a qualified Arizona criminal defense attorney as soon as possible.
What is Racketeering Under Arizona Law?
Charges under the Arizona racketeering statute, often referred to as Arizona RICO charges, are based primarily in ARS 13-2301, ARS 13-2312, ARS 13-2313, and ARS 13-2314. The Arizona RICO charges focus on dismantling organized crime enterprises by targeting individuals involved in a pattern of criminal activity for financial gain.
The definition of “enterprise” in the Arizona racketeering statute is quite broad. It includes any corporation, partnership, association, labor union, or any formally recognized legal entity. It also encompasses informal groups of individuals who associate for criminal purposes, even without a formal structure.
Predicate Offenses Under the Arizona Racketeering Statute
The cornerstone of the Arizona racketeering statute is the list of predicate offenses. These are the individual crimes that, when committed in a pattern, constitute the overall racketeering charge.
Arizona RICO charges can be based on many types of crimes. Examples of these predicate offenses include:
- Financial Crimes: Theft, asserting false claims, various types of fraud (including insurance fraud, securities fraud, and real estate fraud), money laundering.
- Violent Crimes: Homicide, robbery, kidnapping, assault, and other violent felonies.
- Organized Crime Related Offenses: Participating in a criminal syndicate, bribery, extortion, usury, and other offenses often associated with organized criminal activities.
- Drug Offenses: Prohibited drug offenses, drug trafficking, and related crimes.
- Public Corruption: Obstruction of justice, bribery of public officials, and other corruption-related offenses.
- Other Serious Crimes: Forgery, weapons offenses, and a range of other serious criminal violations.
The Arizona racketeering statute is designed to cover a wide range of criminal activities in organized crime schemes.
Types of Racketeering Charges Under Arizona Law
The Arizona racketeering statute defines two main charges when an enterprise is involved:
- Illegal Control of an Enterprise: This involves acquiring or maintaining control of an enterprise through racketeering or its proceeds. This means using the proceeds from illegal activities to gain control of a legitimate business or other enterprise.
- Illegally Conducting an Enterprise: This charge applies to people who work for or are connected to an enterprise and use illegal activities (racketeering) to run the business or who knowingly take part in illegal activities within the business. This means actively contributing to the illegal operations of the business.
Under the Arizona racketeering statute, the use of a minor in furtherance of either of these offenses dramatically increases the severity of the charges and subsequent sentencing.
Sentencing for Arizona RICO Charges:
A conviction under the Arizona racketeering statute carries severe penalties, varying considerably based on several key factors. These include the specific charges, the number of predicate offenses involved, and the defendant’s prior criminal record. The table below shows the range of potential sentences for common charges.
| Offense | Class | Minimum Sentence | Maximum Sentence |
|---|---|---|---|
| Illegal Control of an Enterprise | Class 3 | 3 years | 12.5 years |
| Illegally Conducting an Enterprise | Class 3 | 2 years | 8.75 years |
| Using a Minor in Racketeering Activity | Class 2 | 4.5 years | 23.25 years |
Civil Consequences of Arizona Racketeering:
Beyond significant criminal penalties, the Arizona racketeering statute also allows for substantial civil remedies. The state can file civil lawsuits to get three times the actual damages (treble damages) caused by the racketeering activity, plus attorney’s fees and court costs for the victims.
Courts can also issue injunctions to stop racketeering activities and order the forfeiture of assets used in the commission of the crime. These civil remedies highlight the serious consequences under Arizona’s racketeering law.
Frequently Asked Questions:
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Key Takeaways:
- Definition and Scope: Arizona’s racketeering statute (ARS 13-2301, ARS 13-2312, ARS 13-2313, ARS 13-2314) targets organized crime enterprises, focusing on individuals involved in a pattern of criminal activity for financial gain. The definition of “enterprise” is broad, including both formal and informal groups.
- Predicate Offenses: The statute includes a wide range of predicate offenses such as financial crimes, violent crimes, organized crime-related offenses, drug offenses, public corruption, and other serious crimes. These crimes, when committed in a pattern, constitute racketeering.
- Types of Charges: There are two main charges under Arizona law: Illegal Control of an Enterprise and Illegally Conducting an Enterprise. Both involve using illegal activities to control or run a business. Using a minor in these activities increases the severity of the charges.
- Penalties and Sentencing: Penalties for racketeering include severe prison sentences and significant civil remedies. The state can seek treble damages, attorney’s fees, and court costs, and can issue injunctions and order the forfeiture of assets used in the crime.
Next Steps:
Arizona RICO charges are serious with serious consequences. The charges and the resulting sentence depend on many factors. You need to understand the Arizona racketeering statute and your rights to effectively get through this difficult situation.
If you’re facing Arizona RICO charges, under ARS 13-2301 ARS 13-2312 ARS 13-2313 or ARS 13-2314, engaging a skilled Arizona criminal defense attorney is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; get an experienced criminal defense lawyer on your side right away.