Conspiracy

Arrested for Conspiracy in Texas?

Houston White Collar Crime Attorneys

Under Texas Statutes §15.02, "Criminal Conspiracy," this white collar crime is defined as an offense which occurs when two or more people agree that at least one of them will engage in conduct with the purpose of committing a felony crime, provided that one or more of the members of the conspiracy actually does commit an act in pursuance of this agreement.

It is not necessary that the intended felony was actually carried out, only that the parties were in agreement and that at least one of them took some type of action based on this agreement. In the event that none of the parties took any overt action, they cannot be charged with conspiracy.

Understanding State and Federal Conspiracy Charges

You can be charged with conspiracy even if you did not participate in the underlying criminal offense. If, for example, you and a friend agreed to carry out a kidnapping, a burglary, robbery, sexual assault or a murder, and then your friend moved forward to commit the crime, you could face criminal charges even though you were not present at the scene of the crime and did not contribute to the act beyond making an agreement. Further, you could be acquitted of the underlying offense and still be convicted of conspiracy, provided that two or more coconspirators were not acquitted.

Similarly, the fact that one or more of the coconspirators is not facing prosecution or has not been convicted is not a defense to the charges. Even if you are not legally capable of carrying out the underlying offense, such as due to a physical disability, you can still be charged with conspiracy. Prosecutors will sometimes file conspiracy charges against peripheral members of an organized criminal activity in hopes of getting them to testify and provide information on the core members of the group, but they will also frequently pile the charge onto another underlying charge.

Penalties for Conspiracy

The penalty for a conspiracy conviction is based on whether you were convicted of a state or federal offense and the severity of the underlying offense, since the level of the conspiracy charge is fixed at one category lower than the most serious felony which the conspiracy was arranged around. For example, if you are accused of conspiring to commit a felony of the first degree, the conspiracy charge would be a second degree felony.

Get help from a criminal lawyer in Houston, Texas!

Whether you are being charged with both conspiracy and another offense or if you are only being accused of conspiracy, it is vitally important that you hire a Houston criminal lawyer without delay to allow sufficient time to prepare your case for the best possible results. Contact Guerra & Farah, PLLC now so that our experienced criminal defense team can review the situation and begin working on a strategy for clearing your name!

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