What Is Criminal Conspiracy, and What Are the Charges and Examples of Conspiracy Crimes?

When two or more individuals agree to participate in a crime and take steps toward carrying it out, it is a criminal conspiracy. Even if the individuals involved do not carry out the plan and the planned crime does not happen, simply knowing about the plan with an intent to break the law can result in a criminal conspiracy charge.

Consider, for example, the case of two friends in California who planned to rob a bank. First, the pair visits the bank's location to assess security. Next, they formulate a plan to carry out the heist, assigning each other key roles during the robbery. Finally, they pool the resources necessary to purchase a firearm they will use in the heist. Whether or not they commit the bank heist or even attempt to rob the bank does not matter; the pair has already committed a conspiracy crime.

Read on as we discuss the elements of a criminal conspiracy, provide examples of criminal conspiracy offenses, and the possible penalties associated with the crime of conspiracy.

What Is Criminal Conspiracy?

In the most basic terms, a criminal conspiracy is an agreement between two or more parties to commit an unlawful act. The agreement itself constitutes the crime.

What Does Criminal Conspiracy Mean?

US Federal law states that, for someone to be convicted of criminal conspiracy, prosecutors must prove the following:

• An agreement was made between two or more individuals.
• As part of the agreement, the co-conspirators agreed to commit a federal offense and defraud the government or any other Federal agency.
• One co-conspirator took an overt act to further the conspiracy.

The overt act does not need to be a crime; not all co-conspirators need to participate. For example, if one co-conspirator rents a van to be used to commit the planned Federal crime, that can count as an overt act, even though renting a van is, on its own, a legal act.

All states have criminal conspiracy laws on the books, and though they may vary between jurisdictions, most mirror Federal laws regarding criminal conspiracy.

Conspiracy to Commit a Crime

To be part of a conspiracy to commit a crime, three elements must exist:

1. Agreement: No formal or written plan must exist for prosecutors to prove that an agreement existed. Co-conspirators don’t even have to verbally acknowledge to one another that they are going to “commit a crime together.” Although that can and does happen, prosecutors can imply that an agreement existed based on circumstantial evidence, such as conspiracy members “meeting” to plan their criminal activity.
2. Intent: As with most crimes, intention plays a big role in proving a conspiracy to commit a crime. However, courts will consider the mental state of each alleged co-conspirator, and it is up to the prosecution to prove that everyone involved agreed and intended to achieve the same outcome, which, in the case of a criminal conspiracy, is to commit a crime. Just associating criminals does not automatically make someone a co-conspirator. Even if a friend informs you of their intention to rob a liquor store, you are not part of their criminal conspiracy. Agreeing to be involved or helping with some aspects of the plan are examples of intent.
3. Overt Act: Like in Federal law, most states require at least one conspiracy member to participate in an overt act that furthers the agreement. For example, in the case of a bank robbery, one co-conspirator may rent a van to carry out the crime. This requirement prevents law enforcement from arresting you for just talking about committing a crime. If you have a conversation with friends and it turns into a spirited discussion about pulling off a bank heist together, but no further action is taken, it is unlikely that anyone in your group could be charged with conspiracy to commit a crime.

Types of Criminal Conspiracy Offenses

There are generally two types of criminal conspiracy offenses.

1. Unilateral Criminal Conspiracy: A unilateral criminal conspiracy, or one-sided conspiracy, involves a single individual who intends to commit a criminal act, taking steps to do so while believing that they are working with co-conspirators when, in fact, there is no agreement with others. This type of criminal conspiracy is usually part of a law enforcement or “sting” operation, often involving the Federal government. While some jurisdictions may not recognize unilateral criminal conspiracies, others will bring criminal conspiracy charges against someone who took a substantial step toward committing a crime, such as purchasing illegal firearms as part of the scheme.
2. Bilateral Criminal Conspiracy: Bilateral criminal conspiracies involve two or more individuals agreeing to commit a crime, and they are the most common form of criminal conspiracy charged in jurisdictions throughout the United States. Whether the agreement is expressed or implied, each alleged co-conspirator must be aware of the agreement and its objective. Bilateral criminal conspiracies can be charged even when the planned crime is not committed. The agreement is the crime.

Criminal Conspiracy to Commit Felony Offenses

On both the state and the Federal levels, felonies are the most serious crimes an individual can commit. They generally carry some of the most severe penalties, such as lengthy prison sentences and significant fines. Examples of felony offenses include murder, robbery, and fraud.

While penalties for conspiracy crimes vary, conspiracy to commit a felony typically carries a penalty equal to the underlying felony, even if the ultimate crime was never carried out. In many US states, for example, the charge of conspiracy to commit murder can result in a prison sentence that mirrors that of an attempted murder conviction.

Criminal Conspiracy to Commit Misdemeanor Offenses

Since misdemeanors are typically considered less severe crimes than felonies, they are often punishable by more reasonable fines and shorter jail terms, normally less than a year or no jail time. As a result, the penalties for conspiracy to commit a misdemeanor, such as petty theft, will usually be equivalent to or less than a conviction for carrying out the crime.

Federal vs. State Criminal Conspiracy Charges

Federal vs. state criminal conspiracy charges differ in several ways. Federal charges are usually brought against defendants who conspired to commit a federal offense or defraud the government or any other Federal agency. This may include organized crime, drug trafficking, and white-collar offenses. State criminal conspiracy charges feature a wider net and often include conspiracy to commit misdemeanor offenses.

The penalties for Federal criminal conspiracy charges typically result in prison sentences of up to five years and up to $250,000 in fines. However, the more severe the planned crime, the more severe the punishment may be. On the state level, criminal conspiracy charges can result in up to a year in prison, fines, or both.

Defendants charged with Federal criminal conspiracy will have their cases heard in Federal court. In contrast, those arrested on state charges will be prosecuted in the city or county where the crime occurred. Please note that it is possible to be charged for the same criminal conspiracy on both the state and federal levels.

Criminal Conspiracy Charges and Penalties

Criminal conspiracy charges offer many advantages for prosecutors, such as:

• Criminal conspiracy is often easier to prove than the actual underlying crime. This is especially true in cases where proof of the crime is difficult to prove because of a lack of witnesses or direct evidence.
• Conspiracy charges let prosecutors capture more bad guys. With a conspiracy crime, prosecutors don’t have to limit their charges to those who participated in the crime but can target those who helped plan, organize, or facilitate it.
• Conspiracy charges can enhance penalties. In many jurisdictions throughout the United States, conspiracy to commit a crime carries similar penalties to the underlying crime, allowing defendants to be punished just as severely as they would have been if they had committed the underlying crime.
• Conspiracy charges lead to increased cooperation: Prosecutors often use criminal conspiracy charges to incentivize defendants to cooperate. Usually, defendants will cooperate with law enforcement and prosecutors if they can receive a lighter sentence in exchange for their cooperation.
• Conspiracy charges can help prevent future crimes: Convicting individuals for criminal conspiracy sends a message that such behaviors will not be tolerated and can potentially deter similar criminal activity.

What Is a Criminal Conspiracy Charge?

A criminal conspiracy charge is usually brought when prosecutors believe they can establish all the elements of a conspiracy to commit a crime. That includes the agreement and intent to commit the crime, an overt act, and specific knowledge of the agreement.

Penalties for Criminal Conspiracy Offenses

Criminal conspiracy charges often carry lengthy prison sentences and significant fines, usually in line with the penalties associated with the underlying crime. A Federal drug conspiracy charge, for example, can carry a minimum ten-year prison sentence and a maximum of life in prison, depending on the circumstances of the case. Most criminal conspiracy charges are felonies, and misdemeanor charges are typically rare.

Factors Influencing Sentencing for Conspiracy Crimes.

Ultimately, the classification of and penalties associated with conspiracy crimes depend on the defendant’s level of involvement, the severity of the underlying crime, and the case specifics.

How to Defend Against a Criminal Conspiracy Charge

There are several possible defenses to a charge of criminal conspiracy, including:

• Lack of agreement: A conspiracy charge will not hold up if prosecutors cannot prove that an agreement existed between two or more parties to commit the crime.
• Withdrawal: If a co-conspirator can prove that they withdrew from the conspiracy ahead of any overt acts, they may use this as a defense.
• Lack of intent: When a co-conspirator can prove they have no intention of committing the crime, they may be able to use this defense.
• Insufficient evidence: If the prosecution submits insufficient or inadequate evidence, a defendant could be acquitted of a conspiracy crime.
• Entrapment: If the defendant can prove that law enforcement induced them into the conspiracy, they may use entrapment as a common defense in many criminal conspiracy cases.

Examples of Conspiracy Crimes

Conspiracy crimes come in different forms. Here are three examples of criminal conspiracy crimes:

1. Terrorism: Terrorists often use violence to further a political or religious ideology. Terrorists frequently work together from different places, both domestic and abroad, recruit others to join their criminal conspiracies, and are a serious threat to national safety.
2. Organized crime: Organized crime involves structured criminal enterprises engaged in illegal activities, such as money laundering, drug trafficking, and extortion. Everyone in the organization has a clear role and is part of a hierarchy, making it hard to dismantle them. Still, criminal conspiracy laws are useful for law enforcement officials fighting organized crime.
3. White-collar crimes: White-collar crimes are often financial crimes committed by trusted people inside an organization. They can include stealing money or cheating in their business dealings. Perpetrators often use deceptive practices to trick others out of their money, causing significant financial problems for victims. It is not uncommon for co-conspirators to be caught up in white-collar crimes.

High-Profile Criminal Conspiracy Cases

Here are some of the most notable, high-profile criminal conspiracy cases prosecuted in the United States:

• ABSCAM: In the late 1970s and early 1980s, the FBI set out to nab New York City underworld figures suspected of dealing in stolen art. The investigation ultimately revealed a vast criminal conspiracy. In the end, a US senator, six US congressmen, and more than a dozen other criminals and corrupt officials were arrested and found guilty of criminal conspiracy.
• The Anthoney Salerno Case: More commonly referred to as the Mafia Commission Trial of the 1980s, this case resulted in charges of racketeering, extortion, murder, and criminal conspiracy against the heads of multiple New York organized crime syndicates in what the media called a “significant assault” against the organized crime infrastructure since 1943.
• The Enron Scandal: This is a major corporate fraud case in which investors were duped by criminal accounting practices that hid the company's toxic assets and mounting debts from creditors and investors alike. In the end, several high-level Enron executives and accounting firm Arthur Andersen employees face serious consequences for their involvement in the vast criminal conspiracy.

You don’t have to be a high-powered corporate executive or a member of an organized crime syndicate to be charged with a criminal conspiracy; in many jurisdictions, defendants are charged with criminal conspiracy in connection with a drug trafficking charge or other drug-related crimes.

Another example of a conspiracy crime could involve planning a burglary or petty theft. It is important to note that even if the underlying crime is not committed, the planning is a conspiracy crime and can carry the same penalties as the underlying crime.

If you were charged with criminal conspiracy, it is important to recognize the severity of those charges and that a conviction can result in serious penalties. By understanding the basic elements of a criminal conspiracy charge and common defense strategies and consulting with a criminal defense attorney, you’ll have a better chance at mounting a successful legal defense that leads to the most favorable outcome.