Arrest For Criminal Conspiracy
Criminal Defense Attorney Details The Penalties And Defense Strategies
Under Florida Statute 777.04(3), conspiring with another person or persons to commit a crime is criminal conspiracy.
The state prosecutor has the burden of proving two elements beyond a reasonable doubt to convict a person of criminal conspiracy:
- The defendant intended that a specific crime be committed.
- To fulfill this intention of the crime being committed, the defendant agreed, conspired, or joined with another person or multiple people to commit the crime.
It should be noted that the person accused of criminal conspiracy does not have to do any act in furtherance of the crime on his or her behalf to be found guilty.
Further, it is not required that the conspirators participate together in the crime simultaneously. It is also not required that the conspiracy to commit the crime be expressed in any particular words between the conspirators.
The Penalties For Criminal Conspiracy
The penalties for criminal conspiracy are determined by the offense that the defendant conspired with another person or multiple people to commit.
If the intended offense was a capital felony, conspiracy to commit such a crime is a felony of the first degree punishable by up to thirty years prison or probation and a $15,000 fine.
If the intended offense was a life felony or first-degree felony, conspiracy is a felony of the second degree punishable by up to fifteen years of prison or probation and a $10,000 fine.
If the intended offense was a second-degree felony, unarmed burglary of an unoccupied structure or conveyance, or any crime under Florida Statute 921.0022(c)-(j), conspiracy to commit such offense is a felony of the third-degree punishable by up to five years of prison or probation and a $5,000 fine.
If the intended offense was a relatively minor crime listed under Florida Statute 921.0022(a)-(b) or a third-degree felony, then the conspiracy of such offense is a first-degree misdemeanor punishable by up to one-year of jail or probation and a $1,000 fine.
If the intended offense was a misdemeanor of any degree, the conspiracy to commit the misdemeanor offense is a second-degree misdemeanor punishable by up to sixty days in jail and a $500 fine.
Criminal Defense For Criminal Conspiracy
Similar to other inchoate crimes under Florida Law, it is a defense to the charge of criminal conspiracy if the defendant either prevents his co-conspirator or co-conspirators from committing the offense they conspired to commit or persuades them to abandon their criminal course of action.
To qualify as a defense, such an action must show that the defendant has completely and voluntarily renounced their original criminal purpose.
Keep in mind, that these types of defenses rarely exist, but it is important to evaluate any and all prospective avenues because a successful criminal defense attorney is one who can identify potential legal issues in order to obtain the best possible result for your case.
If you, or a family member, have a Criminal Conspiracy charge in Okaloosa County or Walton County, why not get a free evaluation of your arrest by calling me at at (850) 362-6655.