Criminal Defense Lawyers

What are Conspiracy Charges?

Conspiracy charges refer to accusations that two or more people worked together to plan or commit a crime. These charges are based on the legal concept that a group effort to commit crimes is more concerning and dangerous than individual criminal acts.

The key aspects of conspiracy charges include:

• An agreement between two or more people to commit a crime
• Taking concrete steps to advance the planned crime
• Both the agreement and the overt acts are illegal, even if the planned crime doesn’t happen

So you can face conspiracy accusations even if the crime you planned was never carried out. The agreement itself is seen as a threat by legal authorities.

What Laws Cover Conspiracy Charges?

There are conspiracy laws at both the state and federal levels. Some of the main laws related to conspiracy charges include:

• Federal law 18 U.S.C. § 371, which makes it illegal to conspire to commit a federal crime or defraud the United States government [1]
• State conspiracy laws that prohibit conspiring to commit crimes under state criminal codes
• Article 81 of the Uniform Code of Military Justice, which covers conspiracy charges in military court martials [2]

The specifics of what’s required to prove a conspiracy charge may vary between different laws. But in general, the prosecution needs to show evidence of both an agreement to commit a crime, and concrete steps taken to advance that planned crime.

What are Common Conspiracy Cases?

Some of the most frequent types of conspiracy charges include:

• Drug conspiracies – When multiple people collaborate to manufacture, transport, distribute, or sell illegal drugs at a large scale.
• Fraud conspiracies – When two or more people work together to defraud businesses, organizations, or individuals through schemes like identity theft, embezzlement, or investment fraud.
• Terrorism conspiracies – When people form agreements to assist with or directly conduct attacks meant to intimidate civilians or the government for ideological goals.

However, conspiracy charges can potentially apply to any collaborative effort to commit a wide range of crimes under federal or state laws.

What are Possible Penalties?

Potential penalties if convicted of conspiracy charges depend on factors like:

• The specific conspiracy laws applied
• The classification and penalties associated with the crime you conspired to commit
• Your criminal history

Federal conspiracy charges under 18 U.S.C. § 371 carry up to 5 years in prison. But if the planned crime was a misdemeanor, the maximum conspiracy penalty gets capped at the maximum misdemeanor sentence.

In some cases, conspiracy penalties mirror the potential sentences for the intended offense. So conspiring to commit a serious felony may result in decades behind bars.

What are Common Defenses?

Some strategies that criminal defense lawyers use to fight conspiracy charges include:

• No actual agreement – Arguing the conversations or activities presented didn’t reflect an actual agreement to commit a specific crime.
• Entrapment – Claiming law enforcement induced you to commit a crime you wouldn’t have otherwise agreed to.
• Lack of intent – Saying you didn’t actually intend for the conspiracy’s goal to be achieved, making your involvement less serious.
• Duress – Arguing you only went along with the plan due to threats against you or your family.

An experienced criminal defense attorney can assess the evidence against you and determine the best defenses to pursue given the specifics of your case.

Why are Conspiracy Charges Controversial?

Conspiracy laws have faced criticism on some key grounds:

• They can reach beyond acts themselves to target speech, associations, and beliefs.
• Standards of “agreement” and “overt acts” are broad and vague.
• Innocent minor acts can be seen as evidence of a conspiracy under loose standards.
• They undermine due process by basing charges on suspicion of an illegal agreement, rather than requiring law enforcement to prove a completed crime.

Some civil liberties advocates argue this gives conspiracy laws the potential to criminalize constitutionally protected rights like free speech, assembly, and association. They say conspiracy charges have at times been misused to harass and disrupt political, religious, or activist groups.

However, supporters counter that conspiracy laws are important for protecting public safety. They say targeting the planning stages of serious crimes helps prevent major damage that would result if law enforcement had to wait for completed acts [3].