Sometimes, the influence of people around you can be detrimental. In fact, in some cases, such as conspiracy to commit a crime, it can be quite costly.
Even if the party does not aid in committing the crime physically, the conspiring element makes it a criminal offense. If you face a conspiracy charge, there are some things you need to know.
In accordance with the law, conspiracy is the act of coming together with another party to plan a specific crime. This requires being in a "culpable mental state," or having the mental capacity to conspire. It is important to note that even if a party only helps to plan the crime but does not actually participate in fulfilling the crime, the party could still be found guilty of conspiracy.
The penalties for a conspiracy charge depend heavily upon the severity of the crime a party conspired to commit. These penalties may range from fines to prison time, or a combination of the two.
Burden of proof
The prosecution has a burden of proof to assert for a case to stand. You can think of this proof process in two points:
- The defendant knowingly and willingly entered into an agreement with at least one other party.
- One of the parties put forth action to fulfill the action of said agreement.
If the prosecution is not able to assert the proofs without reasonable doubt, it may be possible to beat the charge. The prosecution may seek to support their argument with evidence they find through search and seizure actions. However, if the prosecution did not follow all proper channels in securing the evidence, it may be possible to have such evidence suppressed, that is excluded from consideration by the court.
Conspiracy is an intricate charge with specific requirements to make the charge credible. By understanding how conspiracy charges work, you can properly prepare for your case. An experienced criminal defense attorney can review your situation and discuss possible defense strategies with you.