Can you be charged with conspiracy and the underlying drug crime?

Can You Be Charged With Both Conspiracy and the Underlying Drug Crime?

Being charged with a drug crime can be scary enough, but some people find themselves facing charges of both the actual drug offense and conspiracy to commit that offense. Is that legal? Can the prosecution really come at you from both angles? Let’s break it down.

What is Conspiracy?

A criminal conspiracy charge means you made an agreement with someone else to commit a crime, and then at least one of you took some action to further that plan. The key factors are:

• An agreement between 2 or more people to commit a crime
• Knowledge of and intent to join in the unlawful scheme
• One or more overt acts taken to further the scheme

For example, if you and your buddy agree to rob a bank, and you go buy the ski masks while he cases the joint, you could be charged with conspiracy to commit bank robbery. The conspiracy charge focuses on the planning phase of the crime.

How Does Conspiracy Relate to Drug Crimes?

Most drug crimes like possession, manufacturing, or distribution involve some degree of planning and coordination between multiple people. A drug conspiracy charge allows prosecutors to go after everyone involved in the illegal operation, even if they played different roles.

Common drug conspiracies include agreements to:

• Import or distribute illegal drugs
• Manufacture drugs like methamphetamine
• Sell drugs like heroin or cocaine
• Traffic marijuana across state lines

So if you team up with others to run a drug trafficking scheme, you could face conspiracy charges. The key is the collaborative element of planning and executing the crime.

Why Do Prosecutors Charge Both Conspiracy and the Underlying Drug Crime?

Adding a conspiracy charge alongside the main drug offense gives prosecutors a few strategic advantages:

• It allows them to pull in secondary players who may not have directly committed the drug crime but were part of planning it.
• It gives them more leverage in plea bargain negotiations.
• It acts as an insurance policy in case they can’t prove all elements of the substantive drug charge.

Even if you’re acquitted on the core drug charge, you can still be convicted of conspiring to commit it. So prosecutors often roll the dice and charge both conspiracy and the underlying crime.

Is Charging Both Allowed Under the Law?

The short answer is yes. The U.S. Supreme Court has held that a defendant can face prosecution for both conspiracy and the completed criminal offense without violating double jeopardy protections . As long as each charge includes an element that the other doesn’t, there is no issue.

For example, a drug distribution charge requires actual distribution, while conspiracy centers on the agreement and planning. Since distribution and conspiracy each contain distinct elements, charging both does not punish the defendant twice for the same crime.

What Are the Penalties for Drug Conspiracy?

A drug conspiracy conviction typically carries the same penalties as the object of the conspiracy. So conspiring to distribute cocaine would bring the same 5-40 year sentence as cocaine distribution under federal law . The exception is marijuana – conspiring to distribute pot carries up to 5 years, while the distribution itself is up to 20 years.

State drug conspiracy laws also mirror the underlying drug crimes. The maximum sentences are usually identical. So you’d face the same punishment for conspiring to sell meth as you would for meth distribution.

Are There Any Defenses to Drug Conspiracy Charges?

Fighting a drug conspiracy charge involves attacking the prosecution’s proof on one or more required elements:

• No agreement – Argue you didn’t make any agreement with others to commit a drug crime.
• No criminal intent – Claim you didn’t realize the activity was illegal or wrong.
• No overt act – Point out that no one took any steps to further the conspiracy.
• You withdrew – In most states, abandoning the scheme before it was completed can nullify conspiracy liability.

These defenses focus on breaking the chain of evidence prosecutors must establish. However, withdrawing from the conspiracy can be difficult to prove if drugs or money changed hands.

Should I Accept a Plea Deal?

Fighting conspiracy and substantive drug charges at trial is an uphill battle. Prosecutors need to prove guilt beyond a reasonable doubt on each element, but the conspiratorial nature of drug crimes makes that burden easier to satisfy.

Given the stiff penalties for drug offenses, cutting a deal is often the most pragmatic option. Consider negotiating to plead guilty to just one charge in exchange for dropping the other. Admitting guilt also makes you look more remorseful at sentencing.

Of course, accepting a plea has consequences too, like having a felony record. Carefully weigh the risks and rewards with your attorney.

Don’t Go It Alone Against Double Drug Charges

Combining conspiracy and drug possession or distribution charges allows prosecutors to hit you from multiple angles. The increase in penalties and likelihood of conviction makes these cases extremely challenging to defend.

Don’t try to go toe-to-toe with the government alone. Hire an experienced criminal defense lawyer to poke holes in the prosecution’s case and get you the best possible resolution. An attorney may find ways to get charges reduced or dismissed – but you have to make the call.

Facing drug conspiracy charges? Get a free case review now.

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References

Iannelli v. United States, 420 U.S. 770 (1975)

21 U.S. Code § 841 – Prohibited acts A