South Florida Criminal Defense Attorney Explains What You Need to Know About Conspiracy Charges

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3rd Sep 2019

A South Florida criminal defense attorney can explain Florida’s laws regarding conspiracy and evaluate the circumstances of your particular case. Because these charges are so serious, it is important to contact an experienced South Florida criminal defense attorney immediately after learning that you are under investigation for conspiracy. Some of the things that he or she will discuss with you include:

Definition of Criminal Conspiracy

Under Florida law, criminal conspiracy is an agreement between two or more people to commit a crime. In order to secure a conviction, a Florida prosecutor must prove the following:

  1. You intended the offense to be committed
  2. You agreed or conspired with someone else for the crime to be committed

You need not commit the underlying offense yourself to be convicted of conspiracy. You can still be convicted of conspiracy if you got the other person or even a third party to commit the crime. However, the prosecution cannot convict you of conspiracy if you and another person just happened to commit a crime but had no plan to do it together. Furthermore, if your conduct only occurred after the crime is committed, this is not conspiracy under Florida law, although it may result in an accessory after the fact charge.

Defenses to Conspiracy

An experienced criminal defense lawyer like Scott Saul can evaluate the defenses available in your case. An effective strategy is to attack any missing elements of the crime, such as a lack of a plan or only mere knowledge of the plan without any agreement to participate in it. The constitution provides you with the opportunity to gather evidence to support your version of events and to object to evidence on certain grounds. Discuss your case with an experienced criminal defense lawyer for individualized help.