Dallas Conspiracy Charge Lawyer
What Is a Conspiracy Charge?
Criminal conspiracy is generally defined as an agreement between two or more people with the intent to commit an underlying felony. Typically, at least one person who is part of the conspiracy must take some overt act in furtherance of the underlying felony.
Notably, criminal conspiracy does not actually require completion of the underlying felony, rather only some act or preparation in furtherance of the felony. The underlying white collar crime supporting the conspiracy charge can range from murder to drug trafficking to wire fraud.
A common type of conspiracy involves an agreement to commit a drug-related felony. In Texas, prosecutors filing drug charges will often include drug conspiracy charges as well. Drug conspiracy charges typically involve an agreement to manufacture or distribute illegal drugs, such as marijuana, cocaine, heroin, or ecstasy.
Drug conspiracy can either be filed at the state or federal. Texas’s conspiracy statute is based off of the federal conspiracy statute. Similar to the Texas statute, the federal statute makes it a crime to conspire to commit any offense against the U.S.
Regardless if the conspiracy is presumed to be drug related or not, it is important that you contact a conspiracy lawyer right away to start building your defense.
Texas Penalties for Conspiracy
The penalty for criminal conspiracy depends on the underlying felony that the parties intended to commit. Texas’s statute defines the penalty for criminal conspiracy one category lower than the most serious felony that is the object of the conspiracy.
If the felony that the parties agreed to commit is a first degree felony then the criminal conspiracy charge will carry the penalty associated with a second degree felony. If, however, the most serious felony that is the object of the conspiracy is a state jail felony than criminal conspiracy is a Class A misdemeanor.
Defenses to Conspiracy
Several defenses can be raised to fight a charge for criminal conspiracy. Notably defenses include:
- Legal impossibility, such that the underlying act does not constitute a felony
- Withdrawal from conspiracy may be a defense to crimes committed in furtherance of the conspiracy, but not the actual conspiracy
- Lack of specific intent to commit the underlying felony
If you have been charged with a criminal conspiracy, it is important to have an experienced Dallas conspiracy defense attorney on your side. At the Law Office of Patrick J. McLain, PLLC, we have extensive experience helping individuals charged with a variety of different federal and state crimes, including conspiracy charges. We provide dedicated and professional representation to fight for your legal rights.
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