{"id":352026,"date":"2023-10-27T16:08:51","date_gmt":"2023-10-27T21:08:51","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/conspiracy.html"},"modified":"2023-10-27T16:08:51","modified_gmt":"2023-10-27T21:08:51","slug":"conspiracy","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/conspiracy.html","title":{"rendered":"What Do the Courts Consider in a Conspiracy Case?"},"content":{"rendered":"\n
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What Do the Courts Consider in a Conspiracy Case?<\/h1>\n\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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A criminal conspiracy exists when two or more people agree to commit a criminal offense and take a concrete step toward its completion. The conduct need not itself be a crime. But it must indicate that those involved in the conspiracy knew of the plan and intended to break the law.<\/p>\n\n <\/div>\n\n\n\n

\u00a0A judge or jury may convict a person of conspiracy, even if the crime never reaches completion.<\/p>\n

This article discusses the different elements of the crime of conspiracy. It provides examples under federal and state law, including possible penalties and defenses. You can also talk to a criminal defense attorney<\/a> in your area for targeted legal advice. An attorney can\u00a0explain charges and potential penalties, and help you build a strong defense tailored to your situation.<\/p>\n

The ‘Agreement’ Requirement<\/h2>\n

You might be wondering how exactly an agreement between two co-conspirators comes together. There’s no need for formalities.<\/p>\n

For example, Ryan, Ava, and Brandon plan a bank robbery. They first visit the bank to assess its security. They decide what each will do at the scene. Finally, they pool their money and buy a gun.<\/p>\n

Law enforcement can charge all three with conspiracy to\u00a0commit robbery<\/a>\u00a0based on their preparatory acts. It does not matter whether they ever commit or attempt to commit the robbery.<\/p>\n

In this same example, Ryan does not have to tell Ava and Brandon in unequivocal terms, “I agree to commit a crime with you.” But, that statement would surely be a prosecutor’s<\/a> dream. Instead, a court can imply an agreement from the circumstances, such as when the conspiracy members meet and plan the crime.<\/p>\n

The Element of ‘Intent’<\/h2>\n

As with other\u00a0specific intent crimes<\/a>, a person’s intention is key. But the court will also care about the mental states of the alleged partners in crime. Other individuals in the conspiracy must agree, and all must intend to achieve the outcome.<\/p>\n

Merely associating with people known to be involved in criminal acts doesn’t make you a co-conspirator. For instance, just because your friend tells you he is going to\u00a0burglarize a house<\/a>\u00a0doesn’t mean you are part of the conspiracy. You would need to agree to be involved in the illegal act.<\/p>\n

Acting as a getaway driver would be one way to further the conspiracy. Helping scope out the property ahead of time would also show criminal intent.<\/p>\n

The ‘Overt Act’ Requirement<\/h2>\n

In most jurisdictions, at least one co-conspirator must take some overt act to further the agreement. For a bank robbery, a conspirator could rent a car<\/a> to use in the crime. The requirement of an overt act prevents police officers from arresting people for merely talking about a crime.<\/p>\n

If three intoxicated friends at a bar speculate about how they would rob a bank together, and none of them ever undertakes any sort of action, there’s no criminal conspiracy. Likely, the intent requirement also wouldn’t be satisfied in that scenario.<\/p>\n

Federal Conspiracy Law<\/h2>\n

The federal crime against conspiracy (18 U.S.C. Section 371<\/a>) includes the following elements:<\/p>\n