Asked 4/11/2016 – Livingston, TX

I have been charged with “engaging in organized criminal activity” which is a class a felony for arson (i believe) and need to know what my punishment would be. I was just there with two of my friends and didnt do anything, im 18 with no criminal record. I have a court appointed lawyer but not sure if i need more than that. I talked to a lady that works at the same place as him and she said that it sounds like criminal mischief. One of them admitted to doing something and i told them what happened without writing a statement. The lady said everything should be ok. But i dont want to rely on her word.

Answer

First, there is no such thing as a class a felony under the Texas Penal Code. Engaging in Organized Criminal Activity is under Section71.02; that statute provides that an offense under this section is one degree higher than the offense committed. Arson is a felony, where the punishment classification can be from a state jail to a first degree, depending on the facts (See Penal Code Section 28.02). You SERIOUSLY need to sit down with your attorney, find out EXACTLY what you are charged with and the allegations against you, then decide how you want to proceed. If you do not have confidence in your current attorney, get another attorney.