A criminal conspiracy is formed when two or more people agree to plan and commit any type of criminal act together. While the agreement itself is considered a crime, conspiracy also requires taking an overt act to further that agreement.
The intended crime does not actually need to occur, although any attempt to commit the underlying crime would typically be charged as a separate second offense. Conspirators may be prosecuted together or separately, and a person who does not know about the others involved in a conspiracy and does not know its details can still be considered a co-conspirator if they willingly join for a single occasion.
When dealing with a conspiracy charge, you may wish to talk with a Troy conspiracy lawyer who is familiar with these types of cases. Failing to completely understand your charge or how different facts surrounding the case could impact it could undermine your pursuit of a positive outcome to your case, especially if you go without representation from a skilled criminal attorney at the same time.
How Courts in Troy Attempt to Prove a ConspiracyTo achieve a conviction, Michigan prosecutors must prove beyond a reasonable doubt each of the parts that comprise a conspiracy offense. These components are as follows:
Generally, the punishment for a conspiracy conviction in Michigan is added on to those associated with the underlying or intended crime that was the goal of the conspiracy. For example, if the intent of a conspiracy was to manufacture an illegal drug and one party to that agreement acted unsuccessfully to do so, each conspirator could be convicted both on charges of conspiracy to manufacture that drug and of attempting to manufacture it. At the discretion of the court, a person convicted of conspiracy can be sentenced to five years in Michigan state prison and fined as much as $10,000.
Potential Defenses for Conspiring to Commit a CrimeThe defendant in a Troy conspiracy case may argue that they were not a knowing participant in the conspiracy. For example, if a person was asked by an acquaintance to deliver a package containing illegal drugs to an address they did not recognize as a favor, they could claim that they did not know what was in the package or for whom it was intended.
In some cases, someone could be in a place where the conspirators met at a time that the conspirators were meeting but still not know anything about what they were planning. The fact that the person was merely present in the room could be a valid defense against conspiracy charges under such circumstances.
Furthermore, an alleged conspirator who withdraws from the conspiracy before the planned act occurred may have a credible defense. However, if the alleged conspirator withdraws after the completion of an act, the person must typically do something to defeat or disavow the conspiracy such as reporting it to the authorities. A Troy conspiracy lawyer could explain these different legal options in further detail and determine whether they may be applicable to a potential client’s situation.
How a Troy Conspiracy Attorney Could HelpIt can be difficult sometimes for Michigan prosecutors to develop proof that an actual conspiracy existed, but if they do manage to do so, the potential consequences can be extremely severe even the conspirators never actually committed a planned-out crime.
To obtain legal advice and learn how well-founded the state’s case may be, you should consider speaking with an experienced Troy conspiracy lawyer. Contacting an attorney and strategizing with them in advance of a trial or appearance in court could greatly help your case.