What is a conspiracy?
According to the Texas Penal Code, a conspiracy is defined as the plotting by two or more individuals to commit a criminal offense.
(a) A person commits criminal conspiracy if, with intent that a felony be committed:
(1) he agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense; and
(2) he or one or more of them performs an overt act in pursuance of the agreement.
(b) An agreement constituting a conspiracy may be inferred from acts of the parties.
(c) It is no defense to prosecution for criminal conspiracy that:
(1) one or more of the coconspirators is not criminally responsible for the object offense;
(2) one or more of the coconspirators has been acquitted, so long as two or more coconspirators have not been acquitted;
(3) one or more of the coconspirators has not been prosecuted or convicted, has been convicted of a different offense, or is immune from prosecution;
(4) the actor belongs to a class of persons that by definition of the object offense is legally incapable of committing the object offense in an individual capacity; or
(5) the object offense was actually committed.
(d) An offense under this section is one category lower than the most serious felony that is the object of the conspiracy, and if the most serious felony that is the object of the conspiracy is a state jail felony, the offense is a Class A misdemeanor
Conspiracy can be a federal crime and it attracts stiff punishment. Very often, even if your role in the conspiracy is very limited or minor, you could be awarded a harsh penalty.
Conspiracy is a crime by itself; it does not have to be executed for the conspirators to be charged. This means you don’t have to actually carry out mail fraud or commit murder in order to be charged with conspiracy.
In the federal court, the prosecution has to prove that the alleged conspirators had some kind of plan to execute an illegal activity. It also needs to prove that the members were willful participants. Or the defense needs to prove legal impossibility, i.e. the alleged act committed to further a conspiracy does not constitute a felony.
There are three types of conspiracies that a person can be tried for. These include a civil conspiracy, which involves fraud and deception; criminal conspiracy, which involves a plan to commit a criminal act and for which the conspirators have already taken one or more steps; and finally, political conspiracy, which is a plan for misappropriating political power or unfairly gaining political advantage.
Do you need the help of our conspiracy defense attorneys?
If you are facing a conspiracy charge, then it could end in a felony conviction for you. It is in your best interests to contact a lawyer who has defended conspiracy accused and can help ensure that your liability in the matter is minimized to the extent possible.
Lawyers at Alex R. Hernandez Jr. PLLC have the skill and resources to represent you in such challenging cases. As mentioned above, it does not matter if you are the lead conspirator or you’re involved at a fringe level, a conviction can lead to severe punishment.
Contact us today to learn more about the legal representation we may be able to provide to you.