When two or more people take steps toward committing a crime, it is known as a conspiracy. Even if the underlying criminal offense is never actually committed, it could still be possible to be found guilty of conspiracy.
If you have been charged with this crime, it is crucial that you seek out the guidance of a skilled criminal defense attorney immediately. These charges carry steep penalties in the event you are found guilty. A Winter Garden conspiracy lawyer could help you formulate the best defense for your charges and fight to preserve your freedom.
As is the case with any criminal offense, there are elements that the state must meet to secure a conviction for conspiracy. For starters, a conspiracy must be an agreement between two or more individuals. In other words, a person cannot be in a conspiracy with only themselves.
There are two elements of conspiracy that the prosecution must prove beyond a reasonable doubt. If the state is unable to prove one of these elements, a conviction for conspiracy is not appropriate. It is the job of a Winter Garden conspiracy attorney to question each of these elements at trial. The elements of conspiracy include intent to commit a crime and an agreement to do so.
Conspiracy is a crime of intent. In other words, there is no way for the state to prove a conspiracy by accident. A prosecutor in these cases must be able to show that the accused intended to commit a criminal offense.
It is not enough to intend or plan to commit a crime. In order to be guilty of conspiracy, a person must also reach an agreement to commit a criminal offense with one or more individuals. This could involve assisting one person in the commission of a crime or every party violating the law in some way as part of the conspiracy.
Conspiracy charges are different from most offenses, as they require some kind of underlying offense. While an individual can be arrested and charged with assault or DUI without committing any other offense, conspiracy requires an underlying crime.
There are different criminal offenses that can serve as the basis for a conspiracy charge. Often, these offenses are related to the manufacture or distribution of controlled substances. That said, there are other common offenses that are frequently linked to conspiracy charges, like mail fraud or even murder.
Despite the ties between conspiracy and the underlying offense, it is still an independent criminal offense. That means a person could be convicted of conspiracy but acquitted of the underlying charge. In some cases, they might not be charged with the underlying crime at all.
This requirement can work in favor of a Winter Garden conspiracy defense attorney. Not only does the state have to prove grounds of a conspiracy, but they must also link it to the other underlying crime as well, which can be a tough bar to meet.
If you are dealing with charges of conspiracy, your choice of legal counsel could be the difference between freedom and time behind bars. It is advisable for you to find legal counsel that will aggressively advocate on your behalf.
The Umansky Law Firm could work with you to provide a strong defense strategy that gives you a chance to avoid a conspiracy conviction. Reach out to a Winter Garden conspiracy lawyer right away to get started.
The Umansky Law Firm Criminal Defense & Injury Attorneys