Federal conspiracy involves three essential elements: agreement, intent and an overt act. First, two or more people must “agree” to commit a criminal act. Importantly, this doesn’t just mean talking about a crime. You and others must “intend” to break the law and then take an “overt act” toward committing the crime.
An overt act might be purchasing tools for a bank robbery or planning logistics. Intent is crucial. This requirement prevents people from being charged with conspiracy based solely on discussions or plans that were never acted upon.
Types of crimes and possible penalties
When federal prosecutors accuse you of conspiracy, you don’t need a written agreement or formal plan. Even a conversation followed by action can qualify. The key is that you intend to break the law and work with others toward that goal.
Conspiracy charges can relate to various crimes, including:
- Drug trafficking
- Healthcare fraud
- Bank robbery
- Tax evasion
- Mail fraud
A conviction can lead to up to five years in prison, plus fines of up to $250,000. Penalties might be even harsher if the conspiracy relates to a more violent crime, such as murder.
Possible defenses
If you’re facing conspiracy charges, several defense strategies might apply, such as:
- Arguing that no agreement to commit a crime existed
- Claiming there was no intention to participate in a crime
- Demonstrating that you took no clear step toward committing the crime
- Showing that you withdrew from the conspiracy before any crime occurred
- Arguing that you were forced into the agreement through threats
Federal conspiracy charges are serious, and having knowledgeable legal support is crucial. A skilled criminal defense attorney can help you understand the charges and develop a robust defense. The goal is to get the charges dismissed, fight for a not guilty verdict during trial or minimize penalties.
If you’re dealing with these charges in Texas, reach out to an experienced defense lawyer who can guide you through the legal process and advocate for your rights.