Criminal conspiracy takes place when two or more people agree to commit an act that is seen as “unlawful.” If the people involved knew about the plan and intended to break the law, conspiracy can sometimes be proven. Let’s say that a couple of people indulge on a plan to rob a bank. They visit the bank to assess security, pool their money together to buy weapons, and write a demand letter. Even if they do not complete the robbery, they have still conspired to do so and could be charged with such.
To have a conspiracy case, there must also be an element of “intent.” This means that intention is at the forefront of your case. Did the individual who created the conspiracy as well as all parties intend to achieve the outcome? If somebody tells another person that they may commit a crime, this does not make that other person a part of the conspiracy. They only become a part of it when they act as a getaway or participate in the crime themselves.
Problems With Conspiracy Law
Conspiracy law sometimes becomes the matter of many constitutional questions, in our modern news today. For instance, it tests the limits of First Amendment rights in some cases. It will generally allow prosecutors to use normally protected acts like speech, against a defendant to make a case. U.S. law also states that individuals are usually only liable for their own actions. Lastly, it is sometimes hard to discern whether or not a defendant in a conspiracy case actually intended to commit a crime based on the evidence at hand. With all these facts considered, they can become quite controversial cases and this is one more reason to have an experienced defense attorney on your side.
Penalties will vary depending on your case, but they typically tend to be tough depending on the underlying crime. If you completed the crime and the conspiracy, you can be charged for both. This may lead to serving a mandatory minimum sentence and many other penalties. Speak to us today about your case if you have been involved in a conspiracy and are facing charges. We will help you through the entire process.