Usually, the person who commits a crime is the one charged with that crime and prosecuted. Sometimes, however, more than one person is involved, raising the possibility of a conspiracy to commit the actual crime.
The crime of conspiracy can rope in other people based on their association with a criminal. A Doraville conspiracy lawyer can help you defend against conspiracy charges. For example, a seasoned criminal attorney could show you did not contribute to what happened or otherwise conspire.
Criminal Conspiracy Charges
The offense of conspiracy is defined as more than one person conspiring to commit a crime and at least one of those people committing “an overt act” to further the conspiracy, as explained in Georgia Code § 16-4-8.
Everyone can be charged with conspiracy when at least two people agree and either act to make it real. The conspired crime need not have occurred if the overt act was taken by someone involved. Membership in a group of people who are charged with a crime could lead to someone being charged with conspiracy, as can being close to or associated with such a group.
Being charged with conspiracy to commit a crime can lead to similar penalties to the crime itself. For example, Georgia Code § 16-4-8 allows conspiracy to commit a felony to be punished by a prison sentence between one year and half of the maximum prison sentence and maximum fine for that felony. Conspiracy to commit a misdemeanor is punishable as if that misdemeanor occurred. Conspiracy to commit a crime that can lead to the death penalty or life in prison can only be punished by one to ten years in prison.
With the aid of a Doraville defense attorney, a conspiracy defendant can evaluate how the prosecution has charged them and on what facts.
How To Defend Against Conspiracy Allegations
Conspiracy charges can cover a wide variety of activities, but the prosecution must prove beyond a reasonable doubt that a defendant made an agreement to commit a crime and that one person agreeing to the conspiracy took an overt act.
A defendant can attempt to defeat the prosecution’s case by negating these elements, such as showing no agreement was made or the defendant did not act. Another defense is withdrawal. Per Georgia Code § 16-4-9, an accused conspirator cannot be convicted of conspiracy if they can show they withdrew from the conspiracy before the overt act occurred.
An attorney in Doraville could show the defendant was entrapped by law enforcement or procedural errors violated a defendant’s rights. Working with a lawyer as soon as possible can help a defendant begin their defense and avoid the serious penalties that can come from conspiracy charges.
Speak to a Doraville Conspiracy Attorney to Defend Yourself
You should not have to live with the consequences of others’ criminal actions or the overt actions that allegedly led to a crime. Even if you were originally part of a conspiracy, you may have withdrawn and thus not be responsible under the law.
A Doraville conspiracy lawyer could protect your interests and rights in the face of criminal prosecution. Contact our office to schedule a consultation.