Conspiracy charges occur when you are accused of agreeing with others to commit an unlawful offense. A conspiracy charge typically occurs when multiple people are involved in an alleged crime. Often, this charge is brought without much thought to whether you were really involved or if there was any plan. As a result, there are defensive tactics you and your criminal defense attorney may deploy that could help defend your case.
An experienced Plano conspiracy lawyer at Barbieri Law Firm understands state law and the penalties you face.
What is a Conspiracy Charge?
The charge of criminal conspiracy occurs when the prosecutor believes a person entered into an agreement with another person to commit a felony offense. Texas Statutes § 15.02 states that a criminal conspiracy occurs when, with intent to commit a felony, a person reaches an agreement with one or more people that they will engage in conduct that would constitute the unlawful conduct and that one or more of those persons performs an overt act that is in pursuance of that agreement.
An agreement may be inferred from the acts of the parties. This means that the person charged and the alleged cohorts do not have to verbally agree to a conspiracy. Their acts alone may create an inference that a conspiracy has taken place. A well-versed attorney can explain the nuances of a conspiracy charge.
Completion of the Criminal Act is not Required
With conspiracy charges, the prosecutor does not have to prove that the plan was successful. The crime occurs once the individuals agree to a future criminal act and commit an explicit act in furtherance of the agreement. This may include taking steps to plan, buying materials, attempting the crime, or other illegal actions. The prosecutor is not required to prove that the crime planned was completed.
Defenses That Cannot be Raised for Plano Criminal Conspiracy Charges
Texas law states that it is not a defense to criminal conspiracy charges that:
- A coconspirator is not criminally responsible for the object offense.
- A coconspirator has been acquitted, unless two or more coconspirators have been acquitted.
- A coconspirator has not been prosecuted, was prosecuted for another offense, or one is immune from prosecution.
- The actor is of a class of persons that is legally incapable of committing the object offense in their individual capacity.
- The object offense was committed.
The law prevents the use of these arguments as a defense to conspiracy charges, but a knowledgeable lawyer and legal team can utilize other defenses depending on the facts of the case.
Crafting a Defense to Conspiracy Charges in Plano
A talented conspiracy attorney is able to create a defense strategy that is customized to the individual’s unique situation. Defenses that are often appropriate in conspiracy cases include:
- Presenting reasonable doubt as to the truth of the charges
- Demonstrating that no agreement was ever reached
- Challenging the prosecutor’s evidence of the agreement
- Showing that no overt act in pursuance of the felony ever occurred
- Filing a suppression motion to exclude illegal evidence
These defensive tactics may apply in a person’s criminal case. They may dismiss the charges, reduce them, or help protect the accused’s Constitutional rights.
Consult with a Conspiracy Attorney in Plano
Conspiracy charges are often overcharged when there is little real evidence to support them. They are often an attempt by the prosecutor to get you to plead guilty without fighting. You need a capable criminal defense attorney to protect your rights.
Let a qualified Plano conspiracy lawyer fight for your rights and defend your case. Contact the Barbieri Law Firm today.