A criminal conspiracy is an agreement between two or more people to commit an unlawful act. A person can be charged with conspiracy even if they never actually committed the crime. If you are convicted of conspiracy to commit a crime in North Carolina, you could be facing jail time, heavy fines, and a permanent criminal record.
A permanent criminal record can affect your employment opportunities, housing options, and even your ability to travel. You’ll benefit from contacting an experienced criminal defense attorney as soon as possible. Greene Wilson Crow & Smith is prepared to provide an aggressive legal defense.
What Is the Crime of Conspiracy in North Carolina?
North Carolina General Statutes (NCGS) § 14-2.4 states that a person can be convicted of conspiring to commit a felony when Two or more people agree to commit a crime and take some sort of step toward committing the crime. This ‘step’ could be anything from purchasing materials for the crime to discussing the plan with others. The prosecution must prove that the defendant had the specific intent to carry out the underlying crime, but they don’t have to prove the crime was committed or attempted.
North Carolina prosecutors do have to prove that some step in moving forward with the crime occurred. The punishments for conspiracy to commit a felony are serious. Except when otherwise stated by North Carolina statutes, conspiracy charges are punished one class lower than the underlying crime. For example, conspiracy to commit a Class A or Class B1 felony will carry the penalties of a Class B2 felony.
Facing Federal Criminal Charges for Conspiracy
Under the federal conspiracy law, prosecutors must prove three main elements beyond a reasonable doubt to convict a defendant. They need to prove that an agreement between two or more people happened. If they can’t prove that an agreement occurred, they can’t prove a conspiracy charge.
They also need to prove that the co-conspirators agreed to commit a federal crime or to defraud the United States or any federal agency in any manner or for any purpose. Finally, under federal statute, at least one of the co-conspirators needs to make an overt act to further the conspiracy.
What Is Considered an “Overt Act” for a Conspiracy Charge?
Under the federal statute, it isn’t enough for a person to make a plan to commit a federal crime. Instead, the prosecution must prove that at least one person who agreed to commit the crime overtly acted to further the conspiracy. An “overt act” is a clear, observable action that moves the conspiracy forward. It doesn’t need to be criminal behavior. For example, suppose a group of three people made a plan to rob a gas station.
Part of the plan involved using a rental van as the getaway vehicle. If one of the co-conspirators rented a van, which isn’t illegal in itself, to be used in the robbery, the van rental would be considered an overt act in furtherance of the conspiracy. The other two individuals could be charged and convicted of conspiracy even though they didn’t rent the van.
Facing Additional Criminal Charges
Most of the time, when a defendant is facing a criminal charge for conspiracy, they’re probably facing other criminal charges as well. Prosecutors almost always add the charge of conspiracy when they think they have enough evidence to prove it. Conspiracy charges are often included along with bank, Insurance, security, mail, or wire fraud charges in white-collar crime cases.
A defendant can be convicted of conspiracy even if they are not convicted of the underlying crime. Suppose the prosecution doesn’t have enough evidence to convict a defendant of securities fraud. The defendant can still be convicted of conspiracy to commit securities fraud if they have evidence that the defendant agreed to commit the crime and that at least one of the co-conspirators committed an overt act to commit the fraud.
With conspiracy charges, every member of the alleged conspiracy is responsible for the criminal acts others take to further the conspiracy. If prosecutors can secure a guilty verdict, conspiracy charges can enhance each defendant’s penalties. It’s also easier for prosecutors to include evidence made by co-conspirators because the evidentiary rules are more relaxed for them. As a result, presenting evidence to the jury is easier for prosecutors and conspiracy charges.
Defenses to Conspiracy Charges in North Carolina
The best legal defense in your case will depend on several factors, including the circumstances surrounding your case and the evidence the prosecutors have against you. The attorneys at Greene Wilson Crow & Smith will carefully review your case, gather evidence, and determine the best legal defense strategy. You may be able to prove that you withdrew from the conspiracy. You may have taken actions that made it clear that you had departed from the conspiracy to commit a crime.
Reporting the conspiracy to the authorities proves that you withdrew from the conspiracy. You cannot be held accountable for Acts you committed by the group after you withdrew from the conspiracy. With the help of your attorney, you may be able to prove that you made a plan and agreed to commit an illegal act with the co-conspirators. As with other criminal charges, you may be able to ask the court to bar any evidence gathered from an illegal search and seizure, resulting in the charge against you being dismissed or significantly reduced.
Contact a Criminal Defense Attorney in North Carolina
Defending against conspiracy charges can be complicated, and you’ll benefit from working with an experienced criminal defense attorney. At Greene Wilson Crow & Smith, our attorneys are trial-ready and have years of experience defending clients in state and federal courts against conspiracy charges.
When you work with our team, we will immediately investigate your case, negotiate for the best outcome possible, and develop an aggressive, effective defense strategy. Our proactive approach ensures that you are supported every step of the way. Contact the North Carolina defense attorneys at Greene Wilson Crow & Smith to learn more.