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Charged With A Crime? It Doesn’t Mean You’re Guilty.

Colorado Organized Crime Control Act – Over used and Misapplied

On Behalf of | Apr 15, 2017 | Conspiracy |


Denver Colorado Organized Crime Control Act Lawyer, “Not Meant for How it is Used”

Colorado’s organized crime control act is said to be designed to stop gangs of criminals from ruling our streets. Instead, it is used for escalating the punishment against people who might be acting together to commit crimes. How big does your gang need to be to fall within the Colorado Organized Crime Control Act? Just 2. And that is the reason this law is ridiculous as applied.  Read more on the reach of COCCA.

C.R.S. 18-17-102 Colorado Organized Crime Control Act – Looks Just Like Conspiracy to Commit a Crime or Accessory to a Crime

We already have a law against agreeing with another person to commit a crime. That law is called Conspiracy. Conspiracy to Commit a Crime, C.R.S. 18-2-201, is defined as follows:

-A person commits conspiracy to commit a crime if, with the intent to promote or facilitate its commission, he agrees with another person or persons that they, or one or more of them, will engage in conduct which constitutes a crime or an attempt to commit a crime, or he agrees to aid the other person or persons in the planning or commission of a crime or of an attempt to commit such crime.

Arapahoe and Douglas County, Colorado – Colorado Organized Crime Control Act Prohibited Activities

Prohibited conduct under this act include to invest money from racketeering activity (2 people in agreement or “conspiracy” to commit a crime) in real estate, to purchase securities for the purpose of investment, to gain control of any enterprise or real property, or the collection of an unlawful debt. In sum, this law is a class 2 felony, equal to Murder, if you agree with another person to commit a dozen or two crimes AND invest the proceeds a certain way. This law elevates not the commission of a crime, but the commission AND the use of proceeds as described above. Sadly the law does not have a dollar minimum.

What Crimes Qualify for the Colorado Organized Crime Control Act in Jefferson County?

Here are just some of the crimes: first or second degree murder, arson, kidnapping, criminal mischief, assault (including misdemeanor), forgery, fraud, gambling, criminal impersonation, firearms, sexual exploitation of children, and menacing. In the end, most of Jefferson County’s crimes qualify. In addition, police will need to prove a minimum of two acts of “racketeering activity”.

What is Racketeering Activity in Adams and Aurora, Colorado? An Example

Racketeering Activity means that someone commit, attempt to commit or conspire to commit any of the crimes listed above, or one of many others. Next, to qualify must have at least two instances of one or more of the crimes listed above, to have a Pattern of Racketeering Activity. Finally, a person involved in the racketeering activity cannot use the proceeds for purchases or investments as listed above. All of this is really broad, and covers many crimes we would not normally associate with gang activity. How broad? You and a buddy get $10 for punching someone (a misdemeanor) and $15 for by committing an act of bad check fraud, put the money in your bank account and write a check to in-part purchase a “security”, and you’ve committed a class 2 felony.

COCCA = Colorado Organized Crime Control Act Sentence and Penalty

As a class 2 felony, you can be sent to the Colorado Department of Corrections for 8 – 24 years. Next, up to a 25,000 fine can be imposed. All property involved will be forfeited. Finally, there are civil penalties which are ridiculously broad and over-steep.

Never speak with police about a Colorado Organized Crime Control Act Crime – it will make it much easier to convict you of a class two felony crime. COCCA crimes give police permission to wipe you out for good, with up to a 24 year prison sentence. Our attorneys care about you and your family, so call us at 303-731-0719. We can meet and discuss your options. Together, we can protect your future.

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