In most criminal cases prosecuted in Lake Mary, the prosecutor must prove both that the defendant intended to commit a crime and that they actually did something illegal. A rare exception to this rule is criminal charges involving conspiracy. To secure a conviction under Florida’s conspiracy laws, a prosecutor only needs to prove that two people came to an agreement to commit a crime, and that they took an overt step toward the furtherance of that act.
Conspiracy laws can come with harsh penalties. A conviction is always one level below the alleged crime at the core of the case and may accompany charges that allege the commission of the agreed-upon crime. A Lake Mary conspiracy lawyer may be able to help people facing these serious accusations. One of our skilled criminal defense attorneys could determine whether there was an agreement to commit a crime and whether that commission actually occurred.
For the most part, a person needs to commit a violation of the state’s penal law to be charged with a crime. For example, it is not illegal for a single person to imagine how they would sell illegal drugs. Even if that person visits potential selling sites, makes a plan for how they would target customers, and meets people who could supply these drugs, these acts are not illegal on their own. It is only if that person sells or otherwise distributes drugs that they commit a crime.
Florida’s conspiracy statute does punish people who act together in an attempt to build towards committing a crime. According to Florida Statute § 777.04, it is a crime for two or more people to take any step in concert toward the commission of a crime.
The seriousness of a conspiracy charge depends upon the alleged criminal activity that two people agreed to commit. For example, if the core charge is a felony of the third degree, a conspiracy charge will be a misdemeanor of the first degree. If the core case is a felony of the second degree, the conspiracy charge will be a felony of the third degree. Talking with a Lake Mary conspiracy attorney could help someone better comprehend how the state defines and punishes this activity.
There are two main ways in which an attorney could present defenses against accusations of conspiring to commit a crime. The first is to introduce evidence that a defendant was acting alone in allegedly planning to commit a crime. Since a single person thinking about committing an offense is not illegal, this could help by weakening a prosecutor’s allegation that two or more people were engaged in a conspiracy.
Another potential option is to argue that a defendant took steps to disavow themselves from the conspiracy. This could include evidence that they attempted to convince others to stop their criminal activity or even information that a defendant was in contact with law enforcement in an attempt to stop the crime before it occurred. A conspiracy lawyer in Lake Mary must examine the specific facts of a case to develop a defense that brings the best opportunity for success.
The law allows police to make an arrest even if a person did not commit an illegal act if they acted together with at least one other person to plan a crime. Convictions of conspiracy will be one level lower in classification than the alleged core offense.
Hiring a Lake Mary conspiracy lawyer to protect your rights could help you avoid this punishment. They can examine your interactions with others to determine why a conspiracy charge may be inappropriate. Reach out to The Umansky Law Firm Criminal Defense & Injury Attorneys now to get started.
The Umansky Law Firm Criminal Defense & Injury Attorneys
