Tucson Conspiracy Lawyer

Charged with CONSPIRACY?

Conspiracy is an agreement between two or more people to commit a future crime.  A person need not commit the crime, nor even attempt to commit the crime to be guilty of conspiracy.  Under Arizona law, at least one person must commit an overt act in furtherance of the conspiracy, but federal law does not have the same requirement in federal drug conspiracy cases (see United States v. Shabani (1994) 514 U.S. 10). 

The nature and sophistication of federal criminal investigations leads to frequent conspiracy charges in Federal court.  Federal conspiracy charges include: 

1. Conspiracy to defraud the United States (18 USC 371)
2. Conspiracy to injure or impede an officer (18 USC 372)
3. Conspiracy against rights (18 USC 241)
4. Conspiracy to distribute drugs (18 USC 846)
5. Racketeering and Organized Crime Organization (RICO) Conspiracy (18 USC 1962)
6. Conspiracy to kidnap (18 USC 1201)
7. Conspiracy to obstruct justice (18 USC 73)

Federal conspiracy cases typically involve strong evidence, including wiretaps and other electronic communications, cooperating suspects and defendants, and more.  There are many different ways to be charged with conspiracy in federal court, but any federal conspiracy charge is quite serious and can result in lengthy prison sentences.

In Arizona state courts, "a person commits conspiracy if, with the intent to promote or aid the commission of an offense, such person agrees with one or more persons that at least one of them or another person will engage in conduct constituting the offense and one of the parties commits an overt act in furtherance of the offense."  There are two exceptions where an overt act is not required, for conspiracy cases involving burglary or arson.  In other words, when it comes to conspiracy to commit burglary or arson, the government need not prove that any member of the conspiracy committed an overt act to carry out the crime.  Given the nature of these offenses, the overt act would have to be actual entry to or setting afire of a building, and the law will punish conspiracy to commit such a crime, even without an overt act.  Conspiracy cases in state court are not as often based on wiretaps and other intercepted electronic communication, and are instead built on admissions, or in some cases on the testimony of undercover officers or informants. 

If you or a loved one has been charged with conspiracy in Arizona, know that the consequences are severe.  While Arizona does permit for lesser punishment of attempt crimes, or of solicitation, conspiracy is punishable the same as for the most serious agreed upon offense to be completed.

DEFENSES IN CONSPIRACY CASES

• False Accusations - an alleged co-conspirator, or other person with a vendetta might make a false accusation.  Fighting false accusations can be difficult, especially when it is the police making false accusations.  Still, thorough investigation and effective cross-examination should help to uncover the false accusation and raise a doubt as to the defendant's guilt.
  
• Illegally Obtained Evidence - in the event that evidence of a conspiracy is unlawfully obtained (e.g. illegal wiretap), it may be subject to suppression.  Without the illegally obtained evidence, there may not be enough evidence left to continue to prosecute the case.
  
• Abandonment/Withdrawal - This defense is unique to conspiracy charges, and applies where a defendant is charged with conspiracy despite "withdrawing" from the conspiracy.  It is an affirmative defense, requiring the defendant to prove that he/she did not participate in the conspiracy long enough to further the crime, or took steps to stop the conspiracy.  This is a complex defense and has exceptions for abandonment that is not voluntary (e.g. not where abandonment was influenced by seeing police).
  
• Lack of Intent/Knowledge - Both under state and federal law, a person cannot be guilty of conspiracy if being unwittingly used by another person.  The government must be able to prove knowledge and intent beyond a reasonable doubt to get a conviction.  While this can be proven by looking at actions (i.e. the prosecution is not required to prove silent thoughts), it is a good defense, and often an area the government has the most trouble proving.
  
• Entrapment - One of the most misunderstood areas of criminal law, entrapment is a difficult defense to win on.  It is not enough that an undercover officer encouraged participation in a crime, and to prevail, a defendant must be able to show that the pressure was so extreme as to induce the defendant to agree to a crime they were not predisposed to commit.  Undercover officers know this definition well, and often take care to operate within the bounds of the law.
  
• Mere Presence - It is not a crime to be present while others commit a crime.  A person who is arrested during a major raid, for example, might be charged with a conspiracy without having been involved in any crime or agreement to commit future crimes.
  
• Mistaken Identity - This is a fairly straightforward defense, but can be complex in the conspiracy context.  The government might have the wrong idea about who a phone or other electronic device belongs to, or about which person in a group is involved in a conspiracy.
  

RELATED CHARGES
Charges related to conspiracy include:  aiding and abetting, accessory after the fact, solicitation, attempt crimes, and more.

IF YOU OR A LOVED ONE HAS BEEN ARRESTED OR CHARGED WITH A CONSPIRACY CRIME, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY.  520-585-5757.

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Arizona Conspiracy Statute (ARS 13-1003)
Pima County Superior Court
Tucson Criminal Defense Lawyer Practice Areas
Tucson Police Department
Pima County Sheriff

Federal Conspiracy Statute (18 USC 371)
Federal Courthouse - Tucson
Tucson Federal Criminal Defense Lawyer
Federal Bureau of Investigation (FBI)
Drug Enforcement Administration (DEA)