Conspiracy

Conspiracy is defined as two or more people agreeing to commit or planning to commit a crime, and taking action toward committing that crime. In most states and under federal law, a person must take some sort of action toward the commission of the crime in order to face conspiracy charges; a simple agreement will not constitute conspiracy. An individual may be charged with conspiracy and with the commission of a crime. For example, a person may conspire with another to commit murder, and may actually carry out the act. That person may face charges both for conspiracy to commit murder and for murder. Conspiracy charges may also involve an individual framing another person for a crime.

There are two primary facets of conspiracy charges:

• Intent - It must be proven that the defendant had criminal intent; that is, that the defendant acted intentionally to agree to and engage in the unlawful act.
• Overt Act - It must be proven that the defendant took some step toward the execution of the crime, no matter how minor.

Agreeing to commit fraud and then drawing up a plan detailing how the scheme will work may be enough to result in conspiracy charges. Another example may include an agreement between two people to commit burglary and then the purchase of a crowbar to break into the targeted home.

A person may face conspiracy charges even when he or she did not actually commit the crime which was agreed upon or planned for. Penalties will vary by state, and will most likely include jail time, fines, probation and more. If a defendant is charged in federal court, he or she is likely to face harsher penalties.

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