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The Texas Penal Code’s definition of conspiracy is when two or more people plot together to commit a crime at some point in the future. An unfortunate and cruel consequence of a conspiracy charge is that your punishment can be severe, even if you had a minor role in the crime.
The crime conspired upon doesn’t even have to be carried out in order for a person to be charged with conspiracy, because conspiracy is considered an inchoate (incomplete) crime. This means that a person only needs to intend or attempt to carry out a crime in order to be charged with conspiracy. Because one of the main elements of conspiracy is the agreement to carry out the criminal activity, unless a person decides to cease all criminal activity involved in the crime, or abandons the plan, that person may still be charged with conspiracy.
CONSPIRACY CHARGES
Conspiracy is considered a federal crime, and will be tried in federal court. In order for a person to be found guilty of conspiracy, the US Government must prove that two or more persons successfully agreed to commit an unlawful activity, according to some kind of plan. The members of the conspiracy must have each willfully agreed to be members of the criminal group, and at least one of the members must have intentionally committed any part of the plan at or about the time alleged.
The charge for a crime of conspiracy will usually be one level below the charge for the crime that was conspired upon/attempted. In other words, if a person is accused of conspiracy to commit a second degree felony, the charge will likely be a third degree felony.
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TYPES OF CONSPIRACY
Civil Conspiracy – Also known as collusion, it is an agreement between individuals to deceive, mislead, or defraud another individual, resulting in full advantage for the perpetrator, and loss for the victim.
Criminal Conspiracy – An agreement between individuals to commit a criminal act in the future. This plan must have been furthered by the completion of one or more steps (crimes) towards the completion of the plan.
Political Conspiracy – An agreement between individuals with the purpose of gaining political power or achieving some kind of political outcome.
Drug Conspiracy – An agreement between individuals to commit a drug crime.
CHARGED WITH CONSPIRACY?
Conspiracy charges don’t have to be between a large group of people or involve a great deal of criminal activity. As long as two or more people plan together to commit a crime and one of those persons agrees to follow through with it, there can be a case. Conspiracy charges will usually end in a felony conviction and should not be taken lightly.
Most federal cases involve an allegation of conspiracy. Fort Worth Conspiracy lawyer Justin Sparks will defend you and prevent the government from holding you liable for the entire conspiracy.