A criminal conspiracy is the act of working in concert with one or more other people to engage in a specific criminal activity. A person may face a criminal conspiracy charge even if they did not commit another crime. While the consequences of conviction can be severe, there are several potential defenses to these serious allegations.
#1: Lack of Agreement
A defendant may assert that they did not have an agreement with one or more other people to commit a crime. The prosecution must prove beyond a reasonable doubt that a defendant affirmatively agreed to commit a crime with one or more specific other persons. Merely associating with someone engaged in criminal activity or discussions about committing a crime cannot form a criminal conspiracy. Furthermore, an agreement to engage in a criminal conspiracy must include an agreement on the objective crime. Although all parties to a criminal conspiracy do not need to have the same crime in mind, they must agree on the same fundamental objective.
For example, two people may not have a criminal conspiracy if one person intends to commit a robbery and the other intends to set a building on fire to collect insurance money. However, parties may have a criminal conspiracy if they agree to deal drugs, even if each person plans to deal with a different type of drug.
#2: No Overt Act
A criminal conspiracy only exists when one member takes an overt act towards committing the agreed-upon crime. An overt act can include any step that furthers the completion of a crime. For example, if a conspiracy agrees to break into and rob a house, an overt act may include acquiring tools to break into the property. The overt act requirement ensures that defendants will not face conviction for criminal conspiracy merely for idly discussing committing some hypothetical crime.
#3: Withdrawal from the Conspiracy
A defendant may escape liability for criminal conspiracy if they can demonstrate that they withdrew from the conspiracy before committing the objective crime. However, withdrawal usually requires more than simply providing no further assistance to the conspiracy. Instead, a co-conspirator who wishes to withdraw from the conspiracy usually must notify their co-conspirators that they no longer wish to partake in the conspiracy. Depending on the circumstances, a withdrawing co-conspirator may have to take other affirmative steps to withdraw, such as notifying law enforcement of the proposed crime or withdrawing any material support or financing the co-conspirator has provided to the conspiracy.
#4: Lack of Intent
Defendants may challenge criminal conspiracy charges by arguing that they did not have the mental intent to commit a crime required by the criminal statute. Alternatively, a defendant may argue that they had no knowledge of the criminal nature of the alleged conspiracy. For example, a defendant may claim a lack of intent by asserting that they became an unwilling accomplice to the conspiracy; in other words, the conspiracy members used the defendant to accomplish the crime without disclosing the defendant’s role in completing the crime.
#5: Entrapment
Finally, a defendant facing a criminal conspiracy charge may assert an entrapment defense, which claims that a law enforcement officer or agent of the government acting within the scope of their official duties induced the defendant to commit a crime they otherwise would not have committed. Entrapment defenses may occur in criminal conspiracy cases involving an undercover police officer or confidential informant. Defendants may assert that the undercover officer or CI strongly encouraged or coerced them into committing a crime when they had no intent to do so. However, because evidence of the defendant’s predisposition to commit a crime can defeat an entrapment defense, the defense rarely succeeds in criminal cases.
Contact Our Myrtle Beach & Florence Criminal Defense Attorney Today
If you’ve been charged with criminal conspiracy, you contact Willcox, Buyck & Williams, PA, today for a confidential consultation with a knowledgeable criminal defense attorney. We are standing ready to discuss your legal options and the potential defense strategies available to you.
