When Does a Federal Conspiracy Charge Apply in Texas?

 

When Does a Federal Conspiracy Charge Apply in Texas?

Hey y’all, let’s talk about federal conspiracy charges and when they can apply in the great state of Texas. This stuff can get real confusing real fast with all the legal mumbo jumbo, so I’m gonna try to break it down nice and simple-like.

First off, what in tarnation is a conspiracy charge anyway? Basically, it’s when two or more folks agree to do something illegal together. The prosecutor don’t even have to prove they actually did the crime, just that they agreed to do it. Kinda crazy if you ask me.

Now in Texas, we got state conspiracy charges and federal conspiracy charges. The state ones fall under the Texas Penal Code 15.02. We’ll talk more about those later. The federal ones are usually more serious business.

Federal Conspiracy Charges

There’s a whole bunch of federal conspiracy laws, but the main one is 18 U.S.C. § 371. This covers conspiracies to commit any federal crime, not just drugs. Here’s a quick rundown of what they have to prove:

• There was an agreement between 2 or more people
• The purpose was to commit a federal crime
• One of the conspirators did some “overt act” to further the conspiracy

An “overt act” basically just means taking a step to make the crime happen. It don’t have to be illegal itself. For example, buying supplies or tools could count.

If convicted under § 371, the punishment is up to 5 years in federal prison and/or a fine up to $250,000. But it can get a lot worse than that. Keep reading…

Penalties for Drug Conspiracies

When it comes to drug crimes, the specific federal laws make the penalties even tougher than § 371. Let’s look at a few common examples:

• Conspiracy to distribute cocaine – 10 years to life in prison
• Conspiracy to manufacture meth – 10 years to life in prison
• Conspiracy to possess fentanyl – up to 20 years in prison

As you can see, we’re talking serious hard time here folks. Federal drug conspiracies ain’t nothing to mess around with.

Proving a Drug Conspiracy

Now I know what you’re thinking – how can they lock me up just for agreeing to do something? That don’t seem fair! But the law is the law, and federal prosecutors got all kinds of tricks up their sleeve for proving conspiracy charges.

For one, they can use circumstantial evidence. This includes things like:

• Text messages or phone calls mentioning illegal activity
• Meeting up with suspected co-conspirators
• Having contact information for suspected co-conspirators
• Traveling across state lines
• Financial transactions with suspected co-conspirators

See what I mean? They can make a lot of stuff look suspicious if they really want to. It’s also common for federal agents to try and flip someone, getting them to snitch on their supposed co-conspirators in exchange for a lighter sentence. Shady business if you ask me.

Defenses Against Conspiracy Charges

Now don’t go getting too worried yet – there are some good defenses against federal conspiracy charges if you end up getting accused:

• No actual agreement – prosecutors have to prove you actually agreed to commit a crime, not just discuss it
• Entrapment – you were tricked or pressured into committing a crime you wouldn’t normally do
• Lack of criminal intent – you didn’t intend for illegal activity to happen
• Mistaken identity – they got the wrong person

A good criminal defense lawyer can help poke holes in the prosecutor’s case and show reasonable doubt. But you gotta act quick once the feds come knocking – these cases take time to unpack.

Texas Conspiracy Charges

Okay, let’s switch gears and talk about conspiracy under Texas state law. The main statute here is Texas Penal Code § 15.02. Here’s the basics:

• There must be intent to commit a felony
• An agreement with 1 or more people to engage in the felony
• One of the conspirators committed an “overt act” to further the conspiracy

Notice it’s pretty similar to the federal law. The penalties ain’t nearly as harsh though:

• Class A misdemeanor – up to 1 year in jail and/or $4,000 fine
• State jail felony – 180 days to 2 years in state jail and/or up to $10,000 fine

The specific felony you’re accused of conspiring to commit also affects the punishment. But you can see it’s not in the same ballpark as federal charges.

Proving State Conspiracy Charges

The types of evidence needed to prove conspiracy in Texas are mostly the same as under federal law – circumstantial evidence like communications, transactions, informants etc. One difference is state prosecutors can use hearsay evidence, which basically means second-hand testimony.

For example, if Anna testifies that Bob said David agreed to commit a burglary, Bob’s statement could be used as evidence against David even though it’s hearsay coming from Anna. Not exactly fair if you ask me, but that’s how they roll in Texas courts.

Defending Against State Conspiracy Charges

Luckily, we have some of the same defenses available for state conspiracy charges as the feds:

• No actual agreement
• Entrapment
• Lack of criminal intent
• Mistaken identity

Don’t let the lower penalties fool you though – conspiracy convictions can still follow you around and lead to other legal troubles down the road. So be sure to lawyer up if you find yourself in this pickle.

The Takeaway

Whew, that was a lot of information to chew on! Here’s a quick recap of what we learned:

• Federal drug conspiracy charges are no joke – they can lead to decades behind bars
• State conspiracy charges in Texas are less severe but still carry prison time
• Prosecutors use circumstantial evidence and informants to prove conspiracy
• There are defenses available, so don’t panic and call a lawyer ASAP

I know this stuff can make your head spin faster than a tornado in an open field. But don’t let them government suits intimidate you. Know your rights, get a doggone good lawyer, and remember you’re innocent til they prove otherwise!

Well, that’s my take on conspiracy charges in the Lone Star State. Let me know if you have any other legal questions rattling around in that head of yours. I’m always happy to jaw a bit about the law. Y’all stay out of trouble now, ya hear!

References

• Overview of federal drug conspiracy charges
• Information on penalties for federal conspiracy convictions
• Details on defending against state and federal drug conspiracy charges
• Summary of Texas conspiracy law under Penal Code 15.02
• Discussion of evidence needed to prove federal conspiracy and potential defenses
• Overview of how drug conspiracy charges get elevated to the federal level