How Do Federal Conspiracy Charges Work?

 Posted on August 06, 2024 in Federal Crimes

A federal conspiracy charge can be an extremely intimidating accusation. Unlike other offenses, which require prosecutors to present proof that you committed a crime, a federal conspiracy charge does not require a crime to actually have been committed. Instead, it is seen as a way for the government to "widen the net" when pursuing a conviction.

Understanding federal conspiracy charges is the first step toward building a strong defense. The best way to learn how federal conspiracy charges work is to consult an Illinois federal conspiracy defense attorney. This article will discuss what a federal conspiracy charge is and some legal strategies to defend against it.

What Is a Federal Conspiracy Charge?

Under 18 U.S. Code § 371, it is a federal offense to conspire to commit a crime against the United States or to defraud the United States. This means that two people or more can be charged with federal conspiracy if they plan to commit a federal crime. The fact that the law uses the word "conspire" means that the offense does not have to be committed — it only needs to be planned.

However, the law adds that at least one of the people involved in the conspiracy must take some action toward committing the crime for it to qualify as a federal conspiracy. In that case, all people can be charged with conspiracy and sentenced to up to five years in prison.

How Do Federal Conspiracy Charges Work?

Federal conspiracy law allows the government to expand the charges to other individuals and pressure them into providing testimony. This is often done with federal drug charges. For example, suppose John in Chicago texts his friend Jane in Wisconsin. He tells her he will be in her area over the weekend and offers to sell her marijuana, a Schedule I controlled substance. Bringing illegal drugs across state lines is a federal crime. Jane replies that she plans to make a purchase.

Once John purchases the marijuana, federal prosecutors can arrest and charge him with federal conspiracy, even though he has not brought the drugs across state lines. They can also prosecute Jane for "conspiring" with John and offer her a plea deal to testify against her friend.

What Are Some Defenses Against Federal Conspiracy Charges?

Your attorney will build a defense based on available evidence. Examples of defenses include:

• You did not plan to commit the alleged offense.
• You did not have intent to conspire to commit the crime.
• You withdrew your participation in the conspiracy.
• You did not know criminal activity was involved.
• You were forced to agree to the plan.

Contact a Chicago, IL Federal Conspiracy Defense Lawyer

A federal conspiracy charge gives the government a relatively broad net to cast over individuals even remotely connected to a crime that has yet to happen. An experienced Chicago, IL federal conspiracy defense attorney is your best chance of fighting the charge. At Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney, our attorneys will provide you with tireless and aggressive legal defense services to protect your rights. Call 312-629-0669 to schedule a free consultation with a skilled attorney today.