Recently, attorneys Zang Desheng and Wu Shaodan of Beijing King&Capital Law Firm handled a case involving a cross-border criminal syndicate accused of organized crime where charges had been omitted. Through professional defense throughout the entire legal process, they secured a change in the charges and a significant reduction in the sentence. The client, who had originally faced the risk of a prison term of ten years or more, ultimately received only an additional five months in prison.
Investigative authorities determined that the client, W, had partnered with Wei (who remains at large) to engage in illegal online lending. They organized individuals within China to illegally cross the national border into foreign countries to conduct lending and debt collection operations. Targeting delinquent borrowers and their relatives and friends, the two organized personnel to collect debts through threats, intimidation, harassment, and verbal abuse, thereby forming a stable criminal organization and generating illicit proceeds of over 5 million yuan. W had previously been sentenced to seven years in prison for organizing others to illegally cross national borders. While serving his sentence, he was brought back by public security authorities and placed under investigation on suspicion of extortion. Given the exceptionally large amount involved in the case, if the extortion charge were proven, he could face a severe sentence of ten years or more for that single offense alone.
Having learned from the outcome of the previous case, the family specifically retained attorneys Zang Desheng and Wu Shaodan of King&Capital Law Firm to handle the defense. Upon accepting the retainer, the two attorneys immediately met with the client, reviewed the case files from the previous trial, cross-checked all statements and case details, identified factual ambiguities and contradictions in the evidence, determined that the core dispute in this case centered on the legal characterization of the charges, and established a defense strategy focused on seeking a lesser charge. The attorneys engaged in repeated communications with the investigative authorities to clarify the legal distinction between the crime of extortion and the crime of collecting illegal debts. They thoroughly articulated the nature of the debt in this case and the appropriate legal characterization of the conduct. Ultimately, the investigative authorities accepted the defense’s arguments and referred the case for prosecution under the charge of collecting illegal debts, thereby completely avoiding the risk of a severe sentence of ten years or more.
During the review and prosecution phase, the attorney developed a plea bargain defense strategy tailored to the case circumstances and engaged in repeated discussions with the prosecutor regarding mitigating factors. Preliminary negotiations resulted in a sentencing recommendation of approximately two years; after cumulative sentencing for multiple offenses, the client would only need to serve an additional six months on top of the sentence for the prior offense. During the first-instance trial, the attorney maintained ongoing communication with the prosecutor and the presiding judge, supplementing the defense arguments for leniency, which further reduced the sentence by one month.
This case involved the prosecution of an omitted offense during the client’s incarceration. The rules governing the cumulative sentencing of omitted offenses directly impact the total length of imprisonment and also affect the client’s subsequent prison conduct evaluations, eligibility for sentence reduction, and the extent of such reductions; even a slight deviation in sentencing discretion could significantly prolong the duration of detention. The defense attorney strictly adhered to legal provisions, providing professional opinions on key points such as the characterization of the charges, the client’s admission of guilt and expression of remorse, and the handling of the omitted offense, thereby securing the most lenient treatment possible for the client.
This defense not only significantly shortened the client’s actual prison term but also stabilized his mindset toward rehabilitation, facilitating his future efforts to secure sentence reductions and a smooth reintegration into society. The client and his family highly praised the lawyer’s professional and efficient defense work, and this case fully demonstrates the solid professional competence of King&Capital Lawyers in criminal defense.
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