4th Sep 2018
The crime of conspiracy is a stand-alone offense that can be charged when multiple people are involved in a conspiracy to commit a crime. This offense is often charged in addition to the crime that was attempted or committed, such as drug trafficking. It is often used to add potential time. A South Florida criminal defense attorney can explain what the prosecution has the burden of establishing to deliver a guilty verdict. Then, a South Florida criminal defense attorney can discuss legal defenses that he or she can possibly raise to help prevent a conviction.
The prosecution must prove beyond a reasonable doubt that you had the intent that the offense would be committed. Also, he or she must prove that you conspired with another person for the crime to be committed. This requires showing that you had the intent to commit a crime and an active agreement with another person. However, the prosecutor does not have to show that you actually committed any act in furtherance of the crime.
Potential Defenses to Conspiracy
There are several different defenses that may arise in a conspiracy case. For example, there may be a lack of proof that there was any agreement. Two individuals could have been acting completely independently even if they were committing the same crime. Another defense is if the parties did not agree to commit the same crime. For example, if one defendant had the intent to commit robbery while the other had the intent to buy drugs, this would not constitute a valid agreement to secure a conviction.
Another possible defense is that of abandonment, which occurs if you withdrew from the agreement. To establish this defense, you must show that you voluntarily withdrew from the agreement and persuaded the other people involved in the conspiracy not to commit the crime or that you actually prevented the crime.