Are you aware that you can be prosecuted by the federal government even if you haven’t committed a crime? Engaging in discussions about a potential crime or making preparations for one may seem harmless, particularly if you never intended to follow through. However, many find themselves on the wrong side of the law, faced with federal conspiracy charges, without the slightest inkling they were participating in illicit activities.
In this blog, we shed light on federal conspiracy charges and how you can navigate them with the right legal help. For immediate assistance, do not hesitate to contact Chambers Law Firm at 714-760-4088.
Understanding Federal Conspiracy Charges
Conspiracy charges can be leveled in connection to any federal crime if two or more individuals conspire to perform a criminal act together. For a successful conviction, the prosecution must prove the following:
- Two or more individuals agreed to the criminal act.
- The defendant fully understood and agreed to the conspiracy’s aim (the intended crime).
- At least one party in the conspiracy performed an action furthering the criminal act.
Interestingly, the completion of the underlying criminal act is not a requirement for a conspiracy conviction. For instance, two individuals could devise a plan to rob a bank, only to be apprehended en route to their intended target. While the robbery was not carried out, those involved could still face conspiracy charges. If the robbery was completed, charges could be filed for both the conspiracy and the accomplished crime.
Implications of Incomplete Knowledge of the Plan
It’s essential to understand that a comprehensive knowledge of the illicit activities or the identities of all co-conspirators is not necessary for you to be implicated in a conspiracy. You can participate on a “need to know” basis and still be recognized as a full participant in the conspiracy under the law. Even with a minor role, you can be held accountable for your co-conspirators’ actions, irrespective of your direct involvement in the crime.
For instance, if you helped develop a plan to disable a bank’s surveillance cameras without entering the bank or stealing any money, you could still face the same charges as your co-conspirators who executed the robbery.
What Penalties Can a Federal Conspiracy Conviction Carry?
Several common criminal conspiracies are prosecuted in federal court, including drug trafficking conspiracies, RICO offenses, obstruction of justice, white-collar crimes like embezzlement schemes, among others. The penalties you could face depend on the nature of the planned illegal activities and whether they were carried out.
If the underlying crime was a misdemeanor, mail fraud, or wire fraud, the penalties could be comparable to those for a felony. If charged with conspiracy alone, you could face up to five years in federal prison, fines, or both. If a crime was committed by any member of the conspiracy, you could face the penalties as prescribed by federal law.
Defending Against Federal Conspiracy Charges
Federal criminal cases differ greatly from state-level ones. Federal agencies possess extensive resources for complex investigations, potentially investigating you for a considerable period before an arrest or charge. Consequently, prosecutors often have an abundance of evidence against you at the onset of your case.
If you believe you’re under investigation for conspiracy or any federal crime, it’s crucial to contact a criminal defense attorney immediately. We can start assisting you, defending your rights during the investigation and before charges are pressed. To explore your options, reach out to Chambers Law Firm at 714-760-4088.
