It is illegal to plan or agree with someone else to commit a crime—even if you do not go through with the plan. If you face conspiracy charges, it is critical to seek help from an experienced attorney as soon as possible. Conspiracy charges are usually felonies that carry severe penalties
Speaking to police without an attorney present could hurt your defense, so reach out to a Gilbert conspiracy lawyer before you answer any questions. The team at the Grand Canyon Law Group can fight for a favorable resolution in your case and advise you at every step of the way.
According to Arizona Revised Statutes §13-1003, a conspiracy is an agreement among two or more people to commit a crime. For some serious crimes, like arson or murder, an agreement is all that is required. For lesser offenses, at least one of the parties must take a step toward committing the crime. A person could be convicted of conspiracy even if the allegedly planned crime never occurred.
Prosecutors usually bring conspiracy charges in conjunction with other charges. A person who had only peripheral involvement could face a conspiracy charge and be subject to harsh penalties. Sometimes, prosecutors use the threat of severe sentences associated with conspiracy charges to pressure someone to share information.
An experienced conspiracy lawyer in Gilbert could work with prosecutors to reach an agreement that preserves a defendant’s freedom and way of life. If necessary, an attorney could fight the charges at trial as well.
A person cannot be convicted on conspiracy charges unless they knew that a crime was planned or being committed. Someone who unknowingly aided someone in committing or attempting a crime does not have the intent required to commit conspiracy. A skilled local attorney could challenge the prosecutor’s evidence of intent to defeat a conspiracy charge.
Another possible conspiracy defense is the lack of effort toward committing the crime. A conviction for conspiracy usually requires one of the alleged conspirators to take an overt step toward completing the planned offense. If the prosecution fails to prove that one of the conspirators made efforts to complete the crime, a jury must bring a not guilty verdict.
Violations of proper procedures or infringing on a suspect’s civil rights are always possible defenses for a conspiracy charge. A conspiracy lawyer at our Gilbert office could question whether a suspect’s answers to police were truly voluntary or if the suspect had prompt access to an attorney, as the law requires. The defense could examine any search warrants or police reports that had a bearing on the case to find errors or inadequacies. Any infringement of a suspect’s rights could get evidence thrown out and possibly lead a prosecutor to decline to press charges.
The possible penalties upon being convicted of conspiracy depend on the crime the defendant is accused of planning. The penalties will be the same as if the defendant was convicted of carrying out the underlying offense.
For example, a defendant convicted of conspiring to commit a Class 4 felony will face the penalties applicable upon conviction for a Class 4 felony. The law requires a judge to consider many variables for sentencing, such as:
There is a significant range of potential sentences a judge could impose after analyzing the above factors. A Gilbert attorney who handles conspiracy cases could present mitigating factors to persuade a judge that a lenient sentence is appropriate.
Conspiracy charges can be tricky to defend without a legal background. You need an experienced and relentless attorney on your side to achieve the most favorable outcome.
Do not speak with police or prosecutors without a lawyer present. Call a Gilbert conspiracy lawyer at the Grand Canyon Law Group as soon as you are arrested. Our former prosecutors are dedicated defense attorneys who know how to protect your way of life and stand up for your rights.