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