While most Florida residents realize they can face a conspiracy charge, few know what that means. For example, many people think that the planned crime must be carried out to be charged. However, you can be charged with conspiracy to commit a crime, even if you did not follow through.
Ronald S. Chapman has defended Florida residents for more than 34 years. From negotiating with prosecutors to vigorously presenting a defense to the jury, our West Palm Beach conspiracy defense lawyer is here to help.
The burden of proof rests with the prosecution when proving a conspiracy took place. That means the state must show that:
This differs from a federal conspiracy charge. In that case, you sometimes have to take action to further the plan. That makes state cases easier to prove, so it is vital to contact an experienced West Palm Beach conspiracy defense attorney for help.
Did you change your mind and back out after entering an agreement to commit a crime? If so, you might be able to use an abandonment defense. However, you must meet the criteria for this defense to be successful.
First, you have to show that you voluntarily and completely renounced the conspiracy. Second, you must have evidence that you took action to prevent the crime. Possible actions include persuading others to withdraw or calling the police to report the plan.
Do you think you abandoned the agreement but are unsure if you meet the legal threshold to prove your case? Our West Palm Beach conspiracy attorney can discuss this with you to see if it is a viable defense.
Conspiracy charges are based on the crime the alleged participants conspired to commit. For instance, assume you face a conspiracy charge to commit a first-degree felony. The conspiracy charge itself is also a first-degree felony.
Regardless of its classification, you face severe penalties if convicted, so contact our West Palm Beach conspiracy lawyer today for assistance. Then you can review your options, which might include negotiating with the prosecutor to dismiss or reduce your charges.
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If the state of Florida believes that you both conspired to commit a crime and then carried the plan out, you can be charged with two offenses. First, you will get a conspiracy charge, and second, you will face charges for the underlying criminal act. For example, assume that Bob and Gary agree to rob a convenience store. They make plans and eventually commit the robbery. Then they can be charged with both offenses. On the other hand, they could also face charges if they conspired but did not carry out the plan. However, they will only have to defend themselves against one charge instead of two.
Previous rulings indicate that the court recognizes the difference between knowledge and intent. Thus, it is possible to know about a crime without committing criminal conspiracy. Additionally, knowledge is not the same as entering into an agreement. So contact a conspiracy defense lawyer in West Palm Beach today if you are facing an investigation or charges in order to discuss your options.
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