How serious is a conspiracy charge?

A conspiracy charge is an extremely serious legal matter. At the federal level, the penalties you could potentially face if convicted of conspiring to commit a crime can be just as severe as those imposed for the actual commission of that offense. This is also true of certain state-level criminal conspiracy offenses in Florida, such as treason and involvement in unlawful subversive activities. Depending on the circumstances, this could mean years or even decades in prison. Florida’s general conspiracy statute establishes that criminal conspiracy offenses (besides those named in Section 876.41 of Florida Statutes) can typically be prosecuted as one degree lower than the actual offense you allegedly conspired to commit. However, even this reduced grade of charge can lead to life-altering prison sentences. Considering that you personally may not have taken any steps at all to advance the commission of a crime, you can be severely punished in both Florida and federal courts for conspiring to break the law.

How hard is it to beat a conspiracy charge?

Beating a conspiracy charge can be challenging, particularly because the crime you’re accused of agreeing to commit doesn’t have to be carried out for conspiracy charges to arise. You need a strategic approach to legal defense and strong, compelling arguments against the prosecution’s assertions. Depending on the specific circumstances, it may be possible to argue that you didn’t know about the planned commission of a crime, that you didn’t enter into an agreement to commit a crime, that you didn’t intend to participate in the conspiracy, or that your participation in the conspiracy was involuntary and the result of threats or coercion. If the specific charges against you require an overt act to further the conspiracy, establishing that no such act occurred could serve as an effective defense. Challenging improperly obtained evidence and motioning to get this evidence suppressed can work in your favor. Highlighting inconsistencies in the prosecution’s arguments and insufficiency of the evidence against you can support your defense by establishing that the prosecution cannot prove its case beyond a reasonable doubt.

Can you be charged with conspiracy at both the state and federal levels?

Yes, it’s possible to face conspiracy charges in both Florida state court and federal court arising out of the same alleged agreement to break the law. If the conduct you’re accused of committing violates both state and federal statutes and both levels of government can claim jurisdiction, you can be prosecuted in both state and federal court. Although the Fifth Amendment to the United States Constitution prohibits “double jeopardy” in the same jurisdiction, you can still be prosecuted twice for the same offense by two different courts. Retaining an attorney with experience defending against both federal criminal charges and state-level charges, as well as managing the demands of parallel proceedings in courts in different jurisdictions, equips you with the resources and skilled representation you need.

Miami Conspiracy Lawyer | Federal Conspiracy Defense Attorney in Miami, FL

Federal Conspiracy Defense Attorney in Miami, FL, Representing Clients in Multi-Defendant Economic-Crime Cases for Clients in South Florida and Nationwide

It’s possible to face criminal charges in state or federal court just for agreeing to commit a crime with another person, even if you personally never took steps to put that plan into action. Conspiracy charges can be legally complex, difficult to beat, and serious enough to change your life forever. You need a Miami conspiracy lawyer who is prepared to build a strong defense against charges in state or federal court.

At Forge Litigation Group, I provide white-collar crime defense representation for a full array of charges at both the state and federal levels. I don’t shy away from taking on complex cases that involve conspiracies of all sorts, and I’m always willing to take my clients’ cases as far as necessary. To make sure you understand your legal rights and your options for defending against conspiracy charges, contact me today for a confidential consultation.

Understanding Conspiracy Charges in Florida and Federal Courts

For an action to constitute a conspiracy, there must be an agreement between two or more people to break the law.

At the federal level, at least one step toward advancing the planned crime must be taken by at least one of the agreeing parties. However, this is generally not a required element for conspiracy charges to be filed at the state level in Florida.

Under this definition, you can be charged with a conspiracy even if:

The planned crime was never actually committed
You personally never took any steps to further the planned offense
The conspiracy pertained to a single planned crime rather than a pattern of criminal activities

Agreeing to commit a crime can be punished harshly in both federal and Florida state courts. It takes the dedicated representation and knowledgeable guidance of an experienced Miami conspiracy lawyer to present a strong defense against these charges.

Federal Laws Against Engaging in Conspiracies

The primary statute that addresses conspiracy as a federal crime is Section 371 of Title 18 of the United States Code. This section of federal law pertains to conspiracies against the federal government or any agency that belongs to it, including plans to defraud the government or to commit other crimes against the government.

Federal Conspiracy to Commit Fraud Charges

Many other conspiracy charges filed in U.S. District courts pertain to conspiracies to commit some sort of federal fraud, including:

Mail fraud, in which the United States Postal Service is used to convey materials that further a fraudulent scheme
Tax fraud through which one seeks to evade payments owed to the Internal Revenue Service (IRS)
Wire fraud using telecommunications systems that cross state borders or use federal infrastructure
Bank fraud targeting a federally chartered or federally insured financial institution or the assets under its control
Healthcare fraud targeting a federal program, such as Medicare, Medicaid, or the Veterans Affairs (VA) health system
Investment fraud, including unlawful use of false pretenses or fraudulent misrepresentations to obtain money through the selling of stocks and securities

Conspiracy charges can also arise out of plans allegedly made with others to commit other types of white-collar crimes, such as bribery, embezzlement, and extortion.

The Federal Statutes That Concern Conspiracy

Other federal statutes under which you could potentially face conspiracy charges include:

The Racketeer Influenced and Corrupt Organizations (RICO) Act, established under Chapter 96 of Title 18 of the United States Code (sections 1961-1968), which covers conspiracies to engage in racketeering and organized crime activities such as illegal gambling, unlawful debt collection, extortion, robbery, kidnapping, and murder
Section 1959 of Title 18 of the United States Code, which concerns conspiring to commit violent crimes for the purpose of furthering racketeering activity
Section 846 of Title 21 of the United States Code, which pertains to conspiring to commit a federal drug trafficking crime or another federal drug offense
Section 2384 of Title 18 of the United States Code, which concerns conspiracies to overthrow or declare war against the government, forcefully hinder the execution of U.S. laws, or seize government property without authorization
Section 1951 of Title 18 of the United States Code, which pertains to conspiring to interfere with commerce by means of threats, violence, robbery, or extortion
Section 241 of Title 18 of the United States Code, which concerns conspiracies to oppress any person in the United States, injure them, or deprive them of their legal or constitutional rights
Section 372 of Title 18 of the United States Code, which addresses conspiracies to impede an officer from performing their duties or to injure them in the course of their duties

Given the wide range of offenses for which you could face conspiracy charges at the federal level, these cases demand skillful handling by knowledgeable legal counsel.

A Federal Conspiracy Defense Attorney in Miami, FL, Can Help You Fight Harsh Penalties

The consequences you could face if convicted of a federal conspiracy charge depend significantly on the crime of which you’re accused of conspiring to commit. Under Section 1349 of Title 18 of the United States Code, a defendant found guilty of conspiring or attempting to commit a federal crime can be sentenced to the same penalties imposed for actually committing the offense.

This means that, depending on the circumstances, just agreeing to take part in a planned crime could leave you facing penalties as harsh as:

Up to five years in prison for a conviction of conspiring to defraud the U.S.
Up to five years in prison for conspiracy to commit tax evasion
Up to 10 years in prison for a conviction of conspiring to commit federal healthcare fraud (without injury)
Up to 20 years in prison for conspiring to commit wire fraud or, if the offense targets a financial institution or involves disaster relief efforts or benefits, up to 30 years
Up to 30 years in prison for conspiring to commit bank fraud
Significant fines, including up to $100,000 imposed on individuals for conspiring to commit tax fraud and up to $1 million imposed on defendants convicted of conspiring to commit bank fraud or wire fraud

Additionally, you may be sentenced by a federal court to pay restitution to alleged victims, and any property or assets associated with the conspiracy could be forfeited and seized by the government.

Don’t underestimate the stakes involved in a federal conspiracy charge. The crime you’re accused of planning may have never come to fruition, but even being found guilty of agreeing to violate federal law can lead to years behind bars and steep fines. You need a federal conspiracy defense attorney in Miami, FL, to fight these charges and protect your rights in court.

Help for State-Level Conspiracy Charges in Florida

The federal government isn’t the only entity that can pursue conspiracy charges against you. Depending on the facts, you may also be charged with conspiracy under Florida state laws.

Section 777.04 of Florida Statutes addresses crimes of general conspiracy, solicitation of others to commit crimes, and attempted criminal activities. Under this statute, criminal conspiracy charges in Florida are generally graded as one level below the grade of the offense of the crime you allegedly conspired to commit, had that crime been carried out.

If the planned crime was a capital felony, like first-degree murder, criminal conspiracy can be prosecuted as a first-degree felony, punishable by up to 30 years in prison and up to $10,000 in fines.
For a planned offense that constitutes a life felony or a felony of the first degree, like burglary of a dwelling with assault or battery, criminal conspiracy can be prosecuted as a second-degree felony, punishable by up to 15 years in prison and up to $10,000 in fines.
In the cases of second-degree felonies, burglary that constitutes a third-degree felony, and many types of third-degree felonies, criminal conspiracy can be charged as a felony of the third degree, punishable by up to five years in prison and up to $5,000 in fines.
For the least severely ranked third-degree felony offenses, such as a third conviction of petit theft, criminal conspiracy can be charged as a first-degree misdemeanor, punishable by up to one year in prison and up to $1,000 in fines.
If the planned crime constituted a first-degree or second-degree misdemeanor, such as petit theft or simple battery, criminal conspiracy can be prosecuted as a second-degree misdemeanor, punishable by up to 60 days in prison and up to $500 in fines.

However, conspiracy charges aren’t always less severe than the offenses you’re accused of planning. Section 876.41 of Florida Statutes establishes that conspiring to commit specified crimes can result in the same punishment that may be imposed if the actual crime had been committed.

The crimes covered under Section 876.41 of Florida Statutes include serious offenses such as treason and unlawful subversive activities. Notably, no action needs to be taken by any of the agreeing parties to further the conspiracy for charges of criminal conspiracy to be filed under this statute. The mere agreement to commit the crime is enough for the prosecutor to bring charges against you.

How Forge Litigation Group Can Help

At Forge Litigation Group, I pursue nothing less than the most favorable outcome possible for my clients. While what’s feasible varies from case to case depending on the facts of each unique situation, that might mean:

Getting conspiracy charges dismissed or dropped completely
Getting the conspiracy charge reduced to a less severe offense
Motioning to have improperly obtained evidence suppressed and excluded from the case against you
Seeking entry to pre-trial diversion programs, if you’re eligible, that allow you to avoid a conviction
Negotiating a plea deal that involves favorable terms and minimizes the consequences of the conspiracy charges
Achieving a not-guilty trial verdict through a strong defense strategy and effective presentation of your case in court
Arguing for lighter sentences in the event of a conviction by presenting mitigating circumstances
Assisting with any necessary appeals after a court ruling is issued

Having the right Miami conspiracy lawyer on your side can make a big difference in the outcome of your case. You need someone who will do more than just appear in court and make generic arguments in your favor. The most effective defense possible requires in-depth investigations, thorough evidence collection, the development of a personalized legal strategy, and relentless advocacy throughout all stages of the legal process.

Why Choose Forge Litigation Group as Your Miami Conspiracy Lawyer?

With Forge Litigation Group representing you, you will gain the benefits of having a Miami conspiracy lawyer who is experienced, trial-ready, and prepared to gather all the evidence that supports your defense.

Decades of Successful Legal Practice

My 25-year legal career encompasses experience as a former Assistant Public Defender in Miami-Dade County, a practicing attorney in regional and international law firms, and a committed advocate for the clients I now serve in private practice. I have a record of securing my clients the most favorable outcomes possible in challenging legal issues, such as charges of conspiracy and other white-collar crimes.

An Approach That Prioritizes Trial Preparation

Whether or not your case proceeds all the way to court, being prepared for the possibility of a trial allows you to keep all options available. Every move I make on behalf of my clients furthers my goal of preparing every case for a potential trial from the very beginning. This diligent case preparation strengthens your defense, helping support outcomes in your favor regardless of whether you choose to accept a plea deal or have me present your defense arguments at trial.

A Commitment to Comprehensive Investigations

To build your defense, I will undertake a thorough investigation of the allegations against you and gather all possible evidence in your favor. While I do work with professional investigators, I also take a hands-on role, personally walking neighborhoods, knocking on doors, and searching for witnesses and other forms of evidence.

Contact a Miami Conspiracy Lawyer at Forge Litigation Group Today for a Case Review

When you’re charged with criminal conspiracy, you need to understand what you’re up against and what’s at stake. Knowledgeable legal guidance is critical for making decisions that support your defense. With a confidential consultation, you can get your questions answered, see how an experienced criminal defense attorney would approach your case, and formulate a plan for fighting back against these charges.

For help from a federal conspiracy defense attorney in Miami, FL, contact Forge Litigation Group online or call 786-933-8794 today.

Miami Conspiracy Lawyer