Introduction
In Arizona, racketeering is a felony with potentially serious punishments. Because there are a wide range of acts that qualify as racketeering, the punishments are equally wide ranging (probation to years of time in prison).
The following activities include some of the white and blue collar crimes that define racketeering as outlined in A.R.S. 13-2301:
- Intentional or reckless fraud in the purchase or sale of securities.
- Intentional or reckless false statements or publications concerning land for sale or lease or sale of subdivided lands or sale and mortgaging of un-subdivided lands.
- Asserting false claims including, but not limited to, false claims asserted through fraud or arson.
- Resale of realty with intent to defraud.
- Theft
- Intentional or reckless sale of unregistered securities or real property securities.
- Restraint of trade or commerce in violation of A.R.S. 34-252.
- Money laundering.
- Counterfeiting marks as proscribed in A.R.S. 44-1453.
Some blue collar crimes under racketeering include:
- Kidnapping
- Prostitution
- Terrorism
- Smuggling of human beings
- Forgery
- Bribery
- Gambling
- Usury
- Extortion
- Homicide
- Robbery
Punishment for Racketeering
If the racketeering crime involves a minor then the defendant’s actions are considered a Class Two Felony. First time offenders face probation with anywhere from zero days in jail to a maximum of one year; or there’s a possibility of prison for three to 12.5 years.
- If a person has one prior conviction then the prison range moves to anywhere between 4.5 to 23.25 years in prison.
- If the person has two prior convictions then the prison range moves to anywhere between 10.5 to 35 years of incarceration.
If the Racketeering does not involve a minor then it is considered a Class Three Felony and the accused individual faces probation with a minimum of zero days in jail but up to one year; or prison time, between 2 to 8.75 years.
- If a person has one prior conviction then the prison time ranges from 3.5 to 16.25 years.
- If the person has two prior convictions then the prison time ranges from 7.5 to 25 years.
Possible Defenses for Racketeering Charges
“Lack of knowledge” and “lack of intent” are two common defenses against racketeering charges. An example of these defenses would be if an enterprise had more than one partner, and one of the partners tricks another majority shareholder into signing some unlawful documents that would illegally benefit the company. The partner who was duped would have a probable defense against Racketeering.
Need an Arizona Racketeering Lawyer?
If you’re facing potential racketeering charges then contact JacksonWhite today for a free and private consultation.
Call the JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.