Being charged under Colorado’s racketeering statute can feel overwhelming. You may be facing allegations of participating in a criminal enterprise, with prosecutors claiming you engaged in a pattern of illegal activity. These charges carry severe penalties that could impact the rest of your life.

If you’re facing charges under the Colorado Organized Crime Control Act, you need a Denver criminal defense lawyer who understands both the statutory framework and how to challenge the prosecution’s case. At the Law Office of Kimberly Diego, we know how to defend against these serious allegations.

What Is the Colorado Organized Crime Control Act?

The Colorado Organized Crime Control Act, codified at C.R.S. 18-17-104, gives prosecutors powerful tools to combat alleged criminal enterprises. This state RICO statute mirrors the federal Racketeer Influenced and Corrupt Organizations (RICO) Act but applies to prosecutions throughout Denver and Colorado. Under this law, prosecutors must prove you knowingly participated in an enterprise’s affairs through a pattern of racketeering activity.

The statute defines “racketeering activity” broadly to include crimes like murder, kidnapping, robbery, arson, bribery, extortion, various drug offenses, money laundering, and other felonies. These cases often involve underlying offenses such as drug trafficking, extortion, or financial crimes committed through an organized group. Understanding what prosecutors must prove is the first step in building your defense.

What Are the Penalties Under Colorado’s Organized Crime Control Act?

The organized crime penalties Colorado imposes can be severe, with sentencing enhancements that far exceed those for the underlying criminal acts. Colorado’s RICO statute allows for enhanced penalties based on the most serious predicate offense.

• Class 2 felony enhancement: If the most serious underlying crime is a Class 2 felony, RICO charges can result in 8–24 years in prison and fines up to $1 million, plus up to 5 years of mandatory parole.
• Class 3 felony enhancement: For Class 3 underlying felonies, sentences range from 4–12 years with proportionate fines.
• Asset forfeiture: Prosecutors can seize property, money, and assets derived from or used in the criminal enterprise; courts may impose fines up to three times the gross value gained or loss caused.
• Restitution & supervision: Mandatory victim restitution and extended supervision or parole after release.

These enhancements apply on top of convictions for individual crimes, meaning you can face decades in prison. Colorado courts apply strict sentencing guidelines when determining punishment for organized crime convictions.

Common Defenses to Colorado Racketeering Charges

Successfully defending against RICO charges requires challenging the prosecution’s foundational elements. An experienced Denver criminal defense attorney will examine every element to identify weaknesses.

• No criminal enterprise: The alleged group doesn’t meet the legal definition of an enterprise.
• No pattern of activity: The required two predicate acts within ten years can’t be proven.
• Minimal involvement: The defendant’s role was too limited to establish liability.
• Constitutional violations: Evidence came from illegal searches, surveillance, or interrogations.
• Mistaken identity: The wrong person was accused.
• Expired statute of limitations: Charges were filed after the three-year deadline.
• Defenses like withdrawal, duress, or entrapment: The defendant was coerced, withdrew, or was set up.

Common RICO defenses also include challenging the credibility of cooperating witnesses who may be testifying to reduce their own sentences. Building a strong defense requires thorough investigation and strategic legal analysis from the outset of your case.

Statute of Limitations & Civil Remedies

Colorado felony prosecutions under COCCA generally must begin within three years from the date the offense is discovered or should have been discovered. Continuous racketeering activity may toll the limitations period, extending prosecution deadlines until the last predicate act.

Civil Remedies & Injunctive Relief

Colorado’s Organized Crime Control Act (COCCA) doesn’t just carry criminal penalties, it also allows for powerful civil actions and financial consequences.

• Injunctive authority: Courts can issue early pre-trial orders to stop racketeering, freeze assets, or require a bond to ensure compliance.
• Civil forfeiture: The state can seize property tied to organized crime, even before conviction, though defendants can challenge it in court.
• Treble damages and restitution: Victims or the state can sue for triple damages plus restitution from criminal cases.

Contact a Denver Criminal Defense Lawyer Today

At the Law Office of Kimberly Diego, we understand the severe consequences that come with RICO and organized crime allegations. Our experienced Denver criminal defense lawyer provides aggressive, results-driven representation to protect your future and reputation.

These cases move fast and require immediate legal action. Call us today at (720) 257-5346 or contact us online to schedule a confidential consultation and discuss your defense options with a trusted Denver organized crime defense attorney.