Conspiracy is an inchoate (uncompleted) crime, which places this offense in the same category as attempting robbery or soliciting someone to commit an offense. Conspiracy might sound as if it applies mainly to high-level scandals or big criminal enterprises, but the reality is that conspiracy offenses are typically as simple as two attorneys planning to bribe a judge, or two people caught planning to burglarize a home.

How the Prosecutor Builds a Conspiracy Charge

So how could someone be convicted of planning a crime they weren't even caught attempting? A prosecutor may be able to provide evidence that there was a clear agreement between at least two conspirators (however, if a suspect "agrees" to commit a crime with an undercover officer, that counts, so there can be a conspiracy involving only one real conspirator). But usually, a prosecutor has only to show that there was an implied agreement between conspirators. Only circumstantial evidence could be needed for this. Generally speaking, however, the prosecutor has to also show that at least one person in the plan exhibited an "overt act".

Over act: an action that signals the plans are underway, something that moves the plan forward. Let's say that two students tell a classmate that they are going to plant a bomb. This classmate rushes to a professor who immediately calls the police. At that point, the two students couldn't be arrested on conspiracy charges, not unless one of the students had already purchased hydrogen peroxide and acetone. These are perfectly legal substances, but under the circumstances, these purchases could appear as an overt act that lines up with the students' conspiracy.

Potential Penalties & Defenses

The thing is, even though the offense was only plotted, and not attempted, someone who is convicted of conspiracy to commit a crime could face the exact same sentence as if they had actually done the deed. So if someone is convicted of just planning to commit armed robbery, they could still face decades in prison just as if they had actually carried out the plan. It depends on your state's laws. Many states will fully prosecute someone for conspiracy.

Here are some defenses that won't work:

• The agreement involved an undercover officer: even if they were the only other co-conspirator, and thus not a real one, it doesn't matter. You could still be prosecuted.
• You probably weren't going to do it: unless you clearly backed out of the plan, this defense won't cut it either. It doesn't matter if the plan is unlikely to have happened.

What are your real defenses?

• Your plans weren't criminal. You may be able to show that even if you had completed your conspiracy, nothing illegal would have transpired.
• You unmistakably backed out of the plan. In most states, this will mean that a significant time before the crime would have been carried out, you changed your mind and let co-conspirators know you were abandoning the plan.

If you face such severe, complex charges, you need to talk to a criminal defense lawyer about your case right away. Learn what your rights are and how you can beat your charge! Find a defense attorney today.