Conspiracy Charges Sentences

In criminal law, criminal conspiracy occurs when two or more people come together and create a plan to carry out a criminal offense. To commit a conspiracy charge in Texas, the crime itself does not necessarily need to have taken place, rather there needs to be an intention for it to happen, and at least one party must commit an overt act in furtherance of the crime. For example, purchasing a gun may not be considered a criminal conspiracy Texas, but if the gun was purchased for use in a planned robbery, this could give rise to a conspiracy charge.

The sentences for conspiracy charges in Texas are diverse and can be severe. Although the crime need not have occurred, it is considered a serious offense in the court of law. As such, harsh penalties are usually handed out. In this guide, we look at the sentences for a conspiracy charge in Texas in more detail and other factors that may affect the criminal penalties.

In order to understand the different conspiracy charge sentences, it is crucial to dive into the meaning of conspiracy and conspiracy elements. As mentioned, criminal conspiracy occurs when two or more individuals plan to commit an offense. In most US states, for an individual to be convicted of criminal conspiracy Texas, two requirements must be met: 

These are clearly stated in the Texas Penal Code conspiracy, Chapter 15 named “Preparatory Offenses.”

Many illegal activities can give rise to conspiracy charges, including the conspiracy to commit a crime examples:

According to the Texas Penal Code conspiracy, there is no need for a written agreement or an in-depth plan to prove that both parties have agreed to commit the offense. The crime does not have to be carried through to completion. However, if the crime has not been completed, then an overt act is required for conviction in most jurisdictions. This action isn’t necessarily a crime in and of itself, but it shows preparation for the offense. 

Examples include purchasing or renting the equipment needed for the crime such as weapons, masks, or a vehicle, gaining overly detailed information on a particular area or building, or frequently driving on a route that passes the scene where the offense will occur. These actions indicate that the crime would have occurred if law enforcement had not intervened when they did.

Depending on the nature of the crime, conspiracy can be charged at the federal and state levels. Sentences and penalties vary accordingly. But can you get probation for conspiracy? 

Not exactly. In federal court, the judge will generally award a mandatory minimum sentence of five years imprisonment in federal prison plus monetary fines. What is conspiracy charge then? If the charge is only for a misdemeanor, such as conspiring to vandalize a building, the penalties will be much less severe. On the other hand, harsher crimes involving murder or drug trafficking can lead to 40 years in prison or even a life sentence. In terms of state penalties, these will vary depending on the specific conspiracy laws for each state. With that being said, the maximum sentence for conspiracy charges is usually the same as the maximum sentence for the underlying crime.

What are conspiracy charges for several partners in crime? All parties will be charged with the same crimes and sentenced accordingly – the law does not require proof of which group member committed the crime, so long as there is evidence that someone in the group is responsible. However, it is also possible to receive separate penalties both for conspiracy and for committing the underlying crime. Therefore, if both parties were involved in the conspiracy but only one party was involved in the crime, the latter would typically receive two penalties and, thus, a harsher punishment. When state and federal laws are both broken, this, too, can result in more severe sentencing.

As with most crimes, the sentence handed out to the convicted individual varies depending on several factors that are considered by the judge. These can be mitigating factors that will lower the sentence or aggravating factors that could result in more severe punishment. For example, the prosecutor and judge will look at all of the following:

If the defendant has several mitigating factors, such as no previous criminal convictions, never following the crime through to completion, and showing remorse for conspiracy, his or her sentence will be reduced. The judge can order the defendant to go through a probationary period which reassures those wondering, “can you get probation for conspiracy.” 

On the other hand, if a serious crime is committed and harm is caused to the victim, the penalties will be much more severe as several aggravating factors apply.

Drug conspiracy charges are among the most frequently encountered federal offenses, particularly in relation to narcotics. This category is ideal for examining the potential punishment outcomes. The federal statutes — 21 U.S.C. § 841 and 21 U.S.C. § 952 — outline four core drug-related offenses: production, possession, distribution, and smuggling. The penalties for conspiring to commit federal drug violations typically hinge on the nature and amount of controlled substances concerned, rather than just the planned illicit activity.

Take cannabis-related offenses: these carry no compulsory minimum penalization, with incarceration caps at 20 years. However, should the activities involve in excess of 100 kilograms of cannabis, the punishment threshold rises to a 5-year minimum, scaling up to a potential of 40 years behind bars. Conversely, when the drug in question is methamphetamine, and the amount is indeterminate, there’s no mandated minimum penalty. Yet, the involvement of as little as 5 grams of methamphetamine triggers a minimum 5-year sentence, which leaps to 10 years for conspiracies encompassing 50 grams or more.

Effective representation by a skilled conspiracy defense lawyer is critical when attempting to beat a conspiracy charge. The right legal counsel can potentially lead to a greatly reduced sentence or complete dismissal of charges. Conviction for a conspiracy charge requires incontrovertible evidence that two or more parties conspired to commit a crime, along with an overt act towards executing the planned offense. An adept defense attorney will craft a strategy to refute these points. Here are several ways a criminal attorney may tackle a conspiracy charge:

Defending against conspiracy charges can be successful if it is shown that the defendant, once part of the initial planning, later disengaged from the scheme. It’s crucial to remember that it’s up to the prosecutor to prove the guilt of the defendant, not for the defense to refute the charges. Nonetheless, offering compelling evidence, such as a character reference letter for court, that opposes the accusations can strengthen the defense's position. When a not-guilty verdict appears out of reach, the defense lawyer’s alternative strategy should focus on pursuing a lesser sentence by highlighting mitigating circumstances at the sentencing phase.

Sentence reductions for a conspiracy charge may be further influenced if the defendant enters an early guilty plea, an option that should be thoroughly discussed with the client. Typically, an earlier admission of guilt can lead to more lenient penalties.

The intricacies of conspiracy charges within the legal landscape should not be underestimated. Without the commission of a tangible offense, individuals can face serious legal consequences if evidence suggests an intention to commit a crime. 

Legal representation is paramount; a skilled criminal attorney is able to navigate through the murky waters of conspiracy allegations and surface with a favorable outcome for their clients. It's a legal battleground with much on the line, and each case demands an individual approach to tip the scales of justice.