If you have been charged with conspiracy, it is essential that you contact an experienced criminal defense attorney who can help you navigate the charges against you. The penalties for conspiracy convictions can be severe, making it crucial to have someone on your side who knows how to protect your rights and build a strong defense against the charges you are facing.
What is Criminal Conspiracy?
Criminal conspiracy is an agreement between two or more people to commit a crime. The agreement doesn’t have to be formal or written down, but there must be some kind of understanding between the parties involved. You can be charged with and convicted of conspiracy even if the underlying offense is never actually committed.
To be convicted of criminal conspiracy under Texas law, the prosecution must also prove that you had the intent to commit a felony and that you took some sort of overt action in furtherance of that goal. An overt action is more than just talking about committing a crime – it could be anything from buying supplies for the offense to driving someone to scope out the crime scene. In many cases, conspiracy can also be charged as a federal crime.
Defenses to Conspiracy Charges
If you or someone you know has been charged with conspiracy, you might be wondering, “can someone beat conspiracy charges?” There are several defenses that might be available to you, including the following:
Renunciation
Renunciation is a defense to conspiracy charges if you agree to participate in a criminal enterprise but then take concrete steps to prevent the crime from being committed. Renunciation does not require that you inform fellow conspirators of your change of heart; it is enough that you take affirmative steps on your own to stop the crime from happening.
For example, if you agreed to help rob a bank but then tipped off the police about the robbery before it happened, you could use renunciation as a defense against charges of conspiracy.
No Overt Act In Furtherance Of The Crime
To be convicted of conspiracy, the government must prove that you entered into an agreement to commit a crime and that you took some action in furtherance of that agreement. This second element—the act requirement—is essential because it means that simply agreeing to commit a crime is not enough to be convicted of conspiracy. There must also be evidence that you took steps toward carrying out the crime.
For example, let’s say you and a friend agree to rob a bank. You’ve satisfied the first element of the crime—the agreement—but not the second. To satisfy the act requirement, the government would have to show that you did something in furtherance of the robbery, like scouting out the bank or buying supplies for the robbery. If the government can’t show that you took some action towards carrying out the crime, then you can’t be convicted of conspiracy.
Mere Presence
Mere presence is defined as being present at the scene of a crime or being aware that a crime is being committed but not taking any actions to stop it or prevent it from happening. To put it simply, mere presence means that you didn’t do anything wrong—you were just in the wrong place at the wrong time.
For the prosecution to convict you of conspiracy, they must be able to prove beyond a reasonable doubt that you agreed with one or more people to commit a crime. If you can show that you had no part in this agreement—for example, if you weren’t even aware that a crime was being committed—then you can’t be found guilty of conspiracy.
If your attorney believes that mere presence is the best option, they will work to gather evidence to support this claim. This might include witness testimony or surveillance footage showing that you weren’t involved in the planning or execution of the crime.
Vinas & Graham, PLLC Is Here To Help
Conspiracy charges are very serious, and if you’re convicted, you could be facing harsh penalties. However, there are ways to beat these charges – with the help of a good criminal defense attorney. The attorneys at Vinas & Graham, PLLC, have many years of experience handling conspiracy charges.
Additionally, both lawyers formerly worked as felony chief prosecutors, providing them with a unique perspective on how best to defend you. If you need help, call the law firm of Vinas & Graham today at 713-229-9992 for a confidential consultation or fill out the online contact form for a callback. You can also follow us on Facebook to learn more about our firm and how we help our clients.
