4 Defenses for Conspiracy Charges
Planning to commit virtually any crime—murder, mail fraud, drug distribution, etc.—is considered to be conspiracy and can lead to criminal charges. As conspiracy is linkable to any crime, there are a variety of defenses you can use to fight the charges. We’ve listed the 4 most common below. Read on to learn more.
1.You Never Agreed to Participate with the Co-conspirator
In order to convict you of conspiracy, the court must prove that you and a co-conspirator agreed to commit the crime you’ve been accused of. Unless you or one of your co-conspirators admit to the conspiracy agreement or the court finds some other evidence that you and your partner intended to carry out the crime, this can be difficult to prove.
Another possible defense would be that you were charged with conspiracy while having no knowledge that your co-conspirator actually planned on committing the crime. Fantasizing or conversing about committing a crime is not a crime if you can prove that you believed the conversation was hypothetical.
2.You Withdrew Your Participation in the Conspiracy
If you can prove that you backed out of the crime before it was committed – or before it was intended to be committed – you may be able to avoid conviction. You must prove that you explicitly and purposefully withdrew from participation in the crime and that your exit was made clear to your co-conspirators. Because conspiracy does not necessarily mean that the actual crime occurred, the mere lack of its occurrence is not a viable defense.
3.You Believed You Were Acting Legally
If you can prove that you honestly believed your actions to be legal, you may be able to avoid a conspiracy conviction. As there are very few instances when this would apply, you may find it to be a difficult form of defense. However, it may be useful if you’ve been charged with conspiracy for an obscure crime.
4.You or Your Co-Conspirator Did Not Commit an Act Furthering the Crime
The law states that an action towards committing the crime must occur in order for someone to be accused of conspiracy. An example of said action would include learning lock picking in preparation for a robbery. If you can prove that you and your alleged partner did not do anything in anticipation of, or in preparation for, the crime, you cannot be convicted for conspiracy. You can also use this defense if your seemingly incriminating actions were actually innocent.
Contact The Crowder Law Firm, P.C. Now – (214) 981-1441
At The Crowder Law Firm, P.C., our mission is to continually defend the rights of the accused. No matter what type of conspiracy charges you are facing, we have the tools to help you. Our McKinney criminal defense lawyer has more than 15 years of experience and has a number of accolades for her work in the DFW Metroplex. Contact our firm today to schedule your free consultation.
Don’t risk your future. Discuss your conspiracy case with our knowledgeable McKinney criminal defense attorney: (214) 981-1441.