What Is a Criminal Conspiracy?
Key Takeaways:
- Making an agreement with at least one other person to commit a crime is a criminal conspiracy.
- Conspiracy requires at least one member to commit an overt act to further the objectives of the agreement.
- If you change you mind and don’t commit the crime, you can still be charged with criminal conspiracy if another conspirator took an overt step.
If you intend to commit a criminal offense but never do it, it is not a crime. However, if you plan to commit a crime with other people, you can face criminal liability. Criminal conspiracy is forming a criminal partnership. You and your co-conspirators can all face the same criminal charges.
The elements of criminal conspiracy laws are different depending on the state. To learn more about conspiracy cases in your jurisdiction, get legal advice from a local criminal defense attorney.
What Are Conspiracy Crimes?
Forming a criminal partnership is itself a crime. It is against the law for two or more people to agree to commit a crime, even if they never actually commit the crime. For example, if you make a plan with another person to burglarize a store but you can’t get inside the building, you can still be charged with burglary.
What Do You Need for a Conspiracy?
To be convicted of conspiracy, the prosecutor has to prove all elements of the offense beyond a reasonable doubt. The elements of conspiracy can depend on state law. In general, a conspiracy has to have the following elements of the crime:
- Two or more people agree to commit a crime
- The defendant is a part of that agreement
- They had an intent to achieve a common goal
- At least one person performed an overt act in pursuing the crime
Conspiracy is what’s known as a specific intent crime. The members of the conspiracy have to have a specific intent — or purpose — to accomplish the crime. For federal conspiracy charges, the prosecutor has to show that the conspirators intended to achieve a common goal and agreed to work together toward the goal.
Is an Agreement Enough for a Conspiracy?
A conspiracy requires an agreement between two or more people. The agreement has the criminal intent to work together to achieve the overall goal. An agreement can be written or oral. Not all details of the agreement have to be spelled out. The agreement is a mutual understanding, either spoken or unspoken, to work together to commit an illegal act.
An agreement itself is not enough for a conspiracy. At least one of the parties to the agreement has to take some step in furtherance of the conspiracy.
What Is an ‘Overt Act’ to Accomplish a Crime?
To be a conspiracy under criminal law, at least one member of the conspiracy has to perform an overt act for the purpose of furthering the conspiracy. The overt act doesn’t have to be a criminal act but just an act that furthers the conspiracy. For example, if you make a plan with another person to kidnap someone, buying duct tape to use in the kidnapping could be an overt act.
Failure to act can be a kind of overt act. If you have a legal duty to perform an act and fail to do it in furtherance of the conspiracy, it can qualify as an overt act.
What Are the Penalties for Criminal Conspiracy?
The penalties for the crime of conspiracy are the same as completing the criminal act. For example, if you plan to burn down a building and buy gasoline to use in the fire, you could face the underlying crime of arson even if you never burn down the building. If the substantive crime is a felony, you can face felony charges for conspiring.
What Are Legal Defenses to Conspiracy Charges?
If you change your mind after starting a criminal plan, it may not be enough to avoid criminal charges. For example, you get together with someone to plan a bank robbery and you will be the getaway driver. The next day, you change your mind and don’t show up. If the other conspirators still rob the bank, you could still be charged with criminal conspiracy.
Changing your mind will only be a defense if you withdraw from the conspiracy before committing an overt act. This means you have to reject the plan and communicate your intent to the other members of the conspiracy. Other legal defenses can include:
- That you had no intent to commit the crime
- There was no agreement between two or more people
- No one performed an overt act to further the crime
If you are accused of taking part in a criminal activity, you could face criminal conspiracy charges. For more about your legal defense options, talk to a local criminal defense lawyer to protect your rights before speaking to law enforcement.
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