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Decoding Missouri’s Sentencing Guidelines for Organized Crime Cases

Decoding Missouri’s Sentencing Guidelines for Organized Crime Cases

What is Organized Crime Under Missouri Law?

First things first, let’s define what exactly constitutes “organized crime” in Missouri. The legal definition can be found in Section 578.421 of the Missouri Revised Statutes. In a nutshell, organized crime refers to any group of two or more people who work together in a continuing criminal enterprise or conspiracy to commit felony offenses.Some common examples of organized criminal activity in Missouri include:

• Drug trafficking rings
• Illegal gambling operations
• Prostitution and human trafficking networks
• Racketeering and extortion schemes
• Counterfeiting and forgery rings
• Fencing operations for stolen goods

Basically, if a group of people are working together in an ongoing way to commit serious crimes for financial gain, that’s considered organized crime. The key elements are the ongoing nature of the criminal activity and the structured cooperation between multiple people.

Penalties for Organized Crime Offenses

Okay, so what kind of penalties are we talking about for organized crime convictions in Missouri? Well, it depends on the specific offenses involved and the defendant’s criminal history. But in general, organized crime charges carry some pretty stiff sentences. Under Section 578.423, actively participating in an organized criminal conspiracy is a class B felony. That means if you’re convicted, you’re looking at:

• 5 to 15 years in prison
• Up to $20,000 in fines

And that’s just for the conspiracy charge itself. Most organized crime cases also involve underlying felonies like drug trafficking, robbery, fraud, etc. Those offenses carry their own serious penalties that can be stacked on top of the organized crime charges. For example, let’s say you’re part of a drug trafficking ring that gets busted for selling meth. In Missouri, the sale of a controlled substance is a class C felony (Section 579.065). So in addition to the 5-15 years for the organized crime conspiracy, you could also be facing:

• 3 to 10 years in prison for each count of sale of a controlled substance
• Up to $10,000 in fines for each count

As you can see, the penalties can really start to add up, especially if you’re convicted of multiple offenses. And if you have prior felony convictions on your record, you could be looking at enhanced sentences as a persistent offender.

Sentencing Guidelines and Factors

So how do judges actually decide what sentence to impose in an organized crime case? In Missouri, judges use a set of sentencing guidelines to help determine the appropriate punishment. The guidelines take into account factors like:

• The severity of the offense(s)
• The defendant’s role in the criminal enterprise
• The defendant’s criminal history and risk of reoffending
• Whether the defendant cooperated with authorities
• Any aggravating or mitigating circumstances

The guidelines provide a recommended sentencing range based on a point system. More serious offenses and extensive criminal histories result in higher point values and longer recommended sentences. But it’s important to note that the guidelines are just that – guidelines. Judges have discretion to depart from the recommended range if they feel it’s appropriate based on the unique facts of the case. Some aggravating factors that could lead to an upward departure and a longer sentence include:

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• The defendant played a leadership role in the criminal enterprise
• The criminal activity was particularly sophisticated or extensive
• The offense(s) involved violence, weapons, or vulnerable victims
• The defendant obstructed justice or threatened witnesses

On the flip side, some mitigating factors that could result in a downward departure and a more lenient sentence include:

• The defendant played a minor role and was minimally involved
• The defendant cooperated with authorities and testified against co-conspirators
• The defendant has no prior criminal record
• The defendant has strong community ties and support

Again, every case is different, so it really comes down to the specific circumstances. An experienced criminal defense attorney can help make the case for mitigating factors and advocate for the lowest possible sentence.

Plea Bargains and Cooperation Agreements

In reality, the vast majority of organized crime cases in Missouri don’t go to trial. Instead, they’re resolved through plea bargains between the prosecution and defense. A plea bargain is basically an agreement where the defendant pleads guilty to some or all of the charges in exchange for a more lenient sentence or the dismissal of some charges. Plea bargains are a way for both sides to avoid the time, expense, and uncertainty of a trial. For defendants, it’s an opportunity to take responsibility and secure a guaranteed outcome rather than rolling the dice with a jury. And for prosecutors, it’s a way to secure a conviction and keep the case moving forward. In organized crime cases, plea bargains often involve cooperation agreements. That’s where a defendant agrees to “flip” and testify against their co-conspirators in exchange for a reduced sentence. These agreements can be a powerful tool for prosecutors looking to take down a whole criminal enterprise. But they can also be risky for defendants, who may face retaliation or have to enter witness protection. If you’re considering a plea bargain or cooperation agreement in an organized crime case, it’s crucial to have an experienced defense attorney in your corner. They can help you weigh the pros and cons, negotiate the best possible deal, and protect your rights throughout the process.

Real-Life Examples

To help illustrate how these sentencing guidelines play out in real life, let’s look at a couple recent organized crime cases out of Missouri:

The Mexican Mafia Prison Gang

In 2019, a federal grand jury indicted 15 members of the Mexican Mafia prison gang for running a massive drug trafficking and money laundering operation from behind bars (source). The defendants were accused of using contraband cell phones to coordinate the distribution of meth, heroin, and fentanyl across the Midwest. All 15 defendants ultimately pled guilty to various charges including conspiracy to distribute controlled substances and conspiracy to commit money laundering. The sentences ranged from 5 to 20 years in federal prison, depending on each defendant’s role and criminal history. The leaders of the enterprise, who had extensive criminal records and were calling the shots from prison, received the harshest sentences of 15-20 years. Meanwhile, lower-level dealers and money launderers with minimal criminal histories got sentences closer to the 5-10 year range.

The Galloway Boys Street Gang

In another recent case, 18 members of a Kansas City street gang known as the Galloway Boys were indicted on federal racketeering charges (source). The defendants were accused of participating in a criminal enterprise that distributed drugs, committed armed robberies, and even engaged in murder for hire.After a lengthy investigation and prosecution, 16 of the 18 defendants pled guilty to various charges including racketeering conspiracy, drug trafficking, and firearms offenses. The sentences ranged from about 5 to 30 years in federal prison. The most severe sentences were handed down to the gang’s leaders and those with the most extensive criminal histories. For example, one defendant who was a convicted felon and played a leadership role got 30 years. Others who played more minor roles and had less serious records received sentences closer to the 5-10 year range. These cases illustrate how Missouri’s organized crime sentencing guidelines are applied based on factors like the defendant’s role, criminal history, and the severity of the underlying offenses. While every case is unique, these examples give you a general idea of the sentencing ranges to expect.

Practical Advice

If you or a loved one are facing organized crime charges in Missouri, here are some practical tips to keep in mind:

1. Hire an experienced criminal defense attorney ASAP. Organized crime cases are extremely complex and the stakes are high. You need a skilled lawyer who knows the ins and outs of the system and can mount an aggressive defense on your behalf. Look for attorneys with specific experience handling organized crime and racketeering cases.
2. Don’t talk to anyone except your lawyer about your case. It can be tempting to profess your innocence or vent to friends and family. But anything you say can potentially be used against you. Save the details for your attorney and let them do the talking.
3. Be realistic about your options. While it’s natural to want to fight the charges and prove your innocence, the reality is that the vast majority of organized crime cases end in guilty pleas. Your attorney can help you assess the strength of the evidence and decide whether a plea bargain is in your best interest.
4. Understand the risks and rewards of cooperation. If you’re considering “flipping” and testifying against co-defendants, make sure you understand the potential benefits and drawbacks. Cooperation can lead to a significantly reduced sentence. But it can also put a target on your back and upend your life. Weigh the decision carefully with your attorney.
5. Stay out of trouble and be proactive. If you’re awaiting sentencing, it’s crucial to stay on the straight and narrow. Any new arrests or violations will only hurt your case. Instead, focus on being proactive – attend counseling, complete treatment programs, obtain steady employment, and rally community support. The goal is to show the judge you’re committed to turning your life around.

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