A chance meeting between the heads of two competing companies can become
basis for a criminal conspiracy prosecution. If the result of the meeting is
an agreement to control pricing in the marketplace, a prosecutor could
charge the participants with criminal conspiracy if each of the companies
suddenly charge the same price for their products.
Criminal conspiracy is frequently part of an array of criminal charges leveled against
a person by state or federal-level criminal prosecutors when the target of an
investigation is more than one individual. Being represented by a criminal
conspiracy attorney like Rand Mintzer is important because the addition
of a criminal conspiracy charge can influence a judge to impose severe
penalties on the accused.
A person can be convicted of criminal conspiracy even if the overt criminal act that is the subject of the alleged conspiracy is committed by another of the co-conspirators.
Prosecutors favor conspiracy charges because they can present evidence against a group of defendants without fear that a jury might have difficulty differentiating the degree of involvement for each of the participants in the crime.
Defense attorneys who are familiar with the details of the criminal conspiracy know that proving the existence of an agreement is an essential element of the prosecution’s case against an accused individual.
Conducting a thorough investigation into the facts and evidence surrounding the alleged agreement is a key part of formulating a successful defense strategy.
The penalty for committing a criminal conspiracy in Texas is usually the same as
the penalty for committing the underlying crime that was the subject of the
conspiracy agreement. This means that a person convicted of criminal
conspiracy to commit a robbery without actually committing the
underlying crime can receive the same sentence as a person
convicted of the robbery. Federal conspiracy violations are usually
punished by imprisonment for up to five years with additional
punishment added for commission of the underlying charges.