Conspiracy can be charged by federal or Florida prosecutors. It involves two or more people agreeing to commit a crime, although the crime need not be committed in order to be charged with conspiracy. Prosecutors often use conspiracy charges against the participants in plea negotiations to get one party to turn against the others for less prison time or reduced charges.
Because conspiracy is a separate crime from the one the parties agree to commit, you can be facing enhanced penalties if the prosecutor manages to convict you on both charges. The best way you can help yourself during this ordeal is to consult with a qualified Orange County conspiracy lawyer to weigh the facts, options, and best course of action for you.
Conspiracy is charged under federal law when it involves a federal government interest and violates U.S. Code, while state charges concern crimes within the state’s boundaries contrary to state laws. For example, conspiring to rob a federally insured bank is a federal crime, but conspiring to rob a neighborhood liquor store is a state crime. Conspiring to commit a terrorist act is a federal crime, while conspiring with a hitman to kill someone you know is a state crime. Federal conspiracy crimes according to 18 United States Code § 371 cheat the government out of property or money or obstruct government activity. Some examples include:
Conspiracy charges add to your woes because there is an underlying crime prosecutors will attempt to charge you with, exacerbating your penalties when you may not be involved in a conspiracy at all. Our Orange County conspiracy attorneys understand how a strong, credible defense can exonerate you or at least subject you to lesser charges. Call a local defense attorney now to talk about your situation.
As your trusted partner, our job is to contest the conspiracy charges the prosecutor levies against you. A conspiracy conviction rests on the ability of the prosecutor to prove you and at least one other person agreed to commit a crime. If there is no proof of an agreement, the charge must be dismissed. And if you did not agree to commit the same crime, for instance, you agreed to purchase cocaine while your alleged co-conspirator agreed to purchase fentanyl, there is no agreement because the exact elements of the agreed upon crime must be satisfied.
However, this does not mean the prosecutor has to provide a written contract; circumstantial evidence or an agreement implied by the circumstances could be enough.
Other defenses included that you were at the scene of the transaction between co-conspirators but had no knowledge of their agreement, or you aided a conspirator but were not part of the agreement to commit a crime. That is why we are your best chance for avoiding the worst penalties and contacting our Orange County conspiracy attorneys should be a priority.
Florida Statutes § 777.04(3) ranks a particular criminal conspiracy charge at a severity level one notch below the crime that is the subject of the conspiracy. Florida employs an Offense Severity Ranking, assigning felonies to 10 levels of harshness by anticipating the crime’s harm or potential for harm. Third-degree felonies are categorized as offense level one, second-degree felonies at offense level four, and first-degree felonies at offense level seven or nine if it is punishable by life in prison, and unequivocal life felonies at offense level 10.
For example, if two parties conspire to commit a home invasion robbery, and in the crime’s commission, the homeowner is killed, the crime committed is a second-degree felony with an offense level of four. The conspiracy charges will carry an offense level of three. An Orange County conspiracy attorney is thoroughly versed in the Florida 1998 Punishment Code and will explore every avenue to mitigate your charges.
If you hash out details of a crime you plan to commit with at least one other person, even if you never go through with the commission, you could be charged with conspiracy. Severity and punishment fall just one level below the actual crime.
This charge can add significantly to prison time and fines after a conviction for the underlying crime and the conspiracy. Do not sit idly by while and Orange County prosecutor drums up additional charges against you. Call an Orange County conspiracy lawyer now.
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