How Do Maryland’s Sentencing Guidelines Address Racketeering Cases?
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Understanding Maryland’s Sentencing Guidelines for Racketeering Offenses
If you or a loved one has been charged with racketeering in Maryland, you’re likely feeling overwhelmed and uncertain about what comes next. Racketeering is a serious federal offense that carries potentially severe penalties under Maryland’s sentencing guidelines. But don’t panic – the experienced criminal defense attorneys at Spodek Law Group are here to guide you through this challenging time and fight for the best possible outcome in your case.
What is Racketeering?
Racketeering refers to participating in or operating an illegal business or enterprise, usually to generate profit through unlawful activities like fraud, extortion, bribery, drug trafficking, money laundering, murder, kidnapping, gambling, and more4. The most common federal racketeering law is the Racketeer Influenced and Corrupt Organizations (RICO) Act.To convict someone of racketeering, prosecutors must prove that the defendant engaged in two or more related crimes (known as a “pattern of racketeering activity”) within a 10-year period as part of a criminal enterprise4. A criminal enterprise could be a legal entity, like a corporation or union, or an informal group like a gang or the mafia.
Maryland’s Sentencing Guidelines for Racketeering
In Maryland, racketeering charges are prosecuted in federal court, where judges use the state’s voluntary sentencing guidelines to determine an appropriate sentence1. The guidelines provide a recommended sentencing range based on the seriousness of the offense and the defendant’s criminal history.
Offense Seriousness Category
Under the guidelines, each criminal offense is assigned to one of 15 seriousness categories, ranked from I (most serious) to VII (least serious)2. Racketeering offenses fall under Category II, the second-highest seriousness level4. This reflects the grave nature of racketeering and organized crime.
Offender Score
The guidelines also account for the defendant’s criminal history through an “offender score.” This score is calculated by assigning points for prior convictions, based on factors like:
- The number of past convictions
- The seriousness category of each prior offense
- How recently the prior offenses occurred
- Whether the defendant was on parole or probation at the time of the instant offense
The more extensive the criminal record, the higher the offender score will be2.
Sentencing Matrix
Once the offense seriousness category and offender score are determined, the guidelines provide a corresponding sentencing matrix with recommended penalty ranges3. For a Category II racketeering offense, the possible sentence depends on the offender score:
| Offender Score | Guidelines Sentence Range |
|---|---|
| 0 | 4 – 9 years |
| 1 | 6 – 12 years |
| 2 | 8 – 15 years |
| 3 | 10 – 18 years |
| 4 | 12 – 20 years |
| 5+ | 15 – 25 years |
It’s important to note that these are guidelines, not mandatory sentences. The judge has discretion to depart from the recommended range if there are mitigating or aggravating factors in the case1. However, sentences for racketeering are typically on the higher end due to the seriousness of the offense.
Defending Against Racketeering Charges
If you’ve been accused of racketeering, the prosecution has the burden of proving beyond a reasonable doubt that you engaged in a pattern of criminal activity in connection with an enterprise. Some potential defenses include:
- Lack of evidence linking you to the alleged crimes
- Insufficient proof of a pattern of racketeering activity
- No connection between the alleged offenses and a criminal enterprise
- Entrapment or duress (you were coerced into committing the crimes)
- Violations of your constitutional rights (e.g. illegal search and seizure)
Building a strong defense requires a thorough investigation of the facts and evidence, as well as a deep understanding of complex federal laws like RICO. That’s why it’s critical to have an experienced racketeering defense lawyer on your side as early as possible in the process.
How Spodek Law Group Can Help
At Spodek Law Group, we have a track record of successfully defending clients against serious federal charges like racketeering. Our nationwide team of criminal defense attorneys has the knowledge, skills, and resources to protect your rights and freedom. We understand what you’re going through, and we’re here to provide the guidance and advocacy you need every step of the way. When you hire us, you’ll get:
- A dedicated attorney who will listen to your side of the story without judgment
- A comprehensive review of your case to identify weaknesses in the prosecution’s evidence
- A customized defense strategy tailored to the unique facts of your case
- Aggressive negotiation with prosecutors for reduced charges or alternative sentencing where appropriate
- Skilled courtroom representation if your case goes to trial
- 24/7 access to your attorney through our secure client communication portal
Don’t face racketeering charges alone. Contact Spodek Law Group today for a free and confidential consultation. Let us put our experience and expertise to work for you.