Conspiracy Charges in Miami
Attempts, Solicitation & Entrapment
Although the law affords for freedom of speech, it does not allow for conspirators to commit an illegal act. Conspiracy is an agreement between two or more individuals to commit a crime. In most states, an overt act must have been taken in order to further the crime, even if the crime was never completed. Conspiracy charges are not to be taken lightly, for they can involve several years in prison, especially if they are combined with other federal charges.
Chapter 777.04 of the Florida Statutes defines attempts, solicitation and conspiracy as “a person who agrees, conspires, combines or confederates with another person or persons to commit any offense commits the offense of criminal conspiracy.” Conspiracy can be ranked as a level 1 or level 2 under 921.0022 and 921.0023, either of which is a first-degree misdemeanor. Conspiracy is a first-degree felony if the attempted crime to be committed would have been a felony. You can read more about the different penalties for conspiracy here.
Conspiracy Is Not Committed Alone
Conspiracy is governed in both the state and federal courts and it is a separate crime form the actual criminal act for which it was developing. Meaning, a person can be charged with both conspiracy as well as the crime itself; for example, one can be charged with conspiracy to commit murder and they can be simultaneously charged with murder. Conspiracy cannot exist if one conspired to commit an illegal act on their own, it must involve at least two or more people. This is because the law considers that when two or more people are involved in planning a crime, the potential danger to society is far greater than if one person acts alone.
It is important to note that a crime does not have to be committed in order to be charged with conspiracy. Under federal law, the conspirators can still be charged with conspiracy even if their plot was unsuccessful. One of the most serious examples of conspiracy would be conspiracy to commit murder, which is often regarded as seriously as the crime of committing murder itself.
Conspiracy Defense Lawyer in Miami, FL
Conspiracy crimes can involve a wide range of criminal activity including conspiracy to violate federal laws, conspiracy to manufacture drugs or weapons, conspiracy to commit murder, conspiracy to commit money laundering and more. Depending on the nature of the crime, conspiracy may be prosecuted by the FBI, the Department of Justice, or local or state agencies.
Conspiracy charges are extremely serious in nature, but a skilled defense attorney can go through the evidence with a fine-toothed comb. It may be possible to prove that a crime was not committed, but it will take a meticulous and aggressive lawyer to get the job done.