Criminal Conspiracy – Engaging in Organized Crime Attorney – Houston, TX – Henry K. Nguyen
In the criminal justice system, many cases involve a single person facing criminal charges. However, when more than one person collaborates to engage in criminal activity, they may be charged with criminal conspiracy. Essentially, criminal conspiracy is the legal term which signifies an agreement between multiple people to carry out an illegal activity. The offense level is enhanced a level when a conspiracy is alleged, typically making this offense very serious. Hire an experienced Criminal Conspiracy – Engaging in Organized Crime Attorney to handle your case.
Criminal conspiracy charges can arise in a wide variety of criminal cases.Illegal drug cases, assault, theft crimes or weapons violations all have the potential to involve an element of conspiracy. Both state and federal courtsprosecute conspiracy cases, but it is somewhat more common for these cases to be handled in the federal court system.
Elements of Criminal Conspiracy
According to the Texas Penal Code, in order for charges to be filed, several facts have to be established regarding the people involved in the alleged crime.
- First, the prosecution must be able to show that the people involved in the alleged conspiracy willingly engaged in some sort of agreement to commit a criminal offense. This agreement might be a verbal conversation, written communication or Internet correspondence.
- Next, the prosecution must introduce evidence to prove that an accused individual not only willingly agreed to commit a crime, but also willingly participated in the actual crime itself.
- Finally, for a criminal conspiracy charge to stick, the prosecution must display proof that the person being charged committed some type of action that was intended to move the conspiracy to a successful completion.
Criminal Conspiracy Penalties
In most cases, the legal punishments for criminal conspiracy are based upon the nature of the crime committed. For example, criminal conspiracy to defraud an insurance company carries a punishment similiar to that of an individual fraud charge except enhanced a level.
However, some federal courts will hand down a five-year prison sentence for a charge of conspiracy. The penalties may vary for each person being accused based on their involvement, which is often difficult to establish.
Problems with Conspiracy Charges
The requirements to establish a conspiracy crime are sometimes difficult to prove. This is due to the fact that the prosecution is required to prove an agreement between people. Because some agreements can only be displayed with circumstantial or anecdotal evidence, it is difficult to show the degree of involvement of an individual.
A criminal conspiracy attorney can use these facts to the defendant’s advantage. If they can successfully argue that the prosecution’s evidence is too circumstantial or inconclusive to prove that the defendant willingly participated in the act, the allegations may not hold up in court.
Consult With a Criminal Conspiracy Lawyer in Houston, TX
For more information about possible penalties or legal defenses, contact criminal conspiracy attorney Henry Nguyen for a confidential and free case review at 713-222-1800.