Conspiracy is a type of inchoate offense. This means that it can occur even before the other crime has occurred, or regardless of whether it occurs at all. It is a charge to punish those who plan to engage in a crime. This makes it challenging to prove and defend if you are not represented by an experienced criminal defense attorney.
Let a dedicated Newnan conspiracy lawyer present your case and fight for your constitutional rights. You have the right to defend yourself against these charges no matter what.
Georgia law defines the legal act of conspiracy under state law. It occurs if two or more people work together to conspire to commit any other crime. It also requires that any of those individuals commit an overt act that furthers the object of the conspiracy.
The law requires that the involved parties have an agreement to commit the crime. Unlike other areas of law, this does not require a full meeting of the minds. Even a tacit understanding of the criminal objective may be sufficient to warrant a charge. If the individuals act with a common intent or purpose to commit the offense or plan to commit the offense, this is likely sufficient.
A conspiracy charge does not require that the planned crime is successful or is ever carried out. An attempt to commit the crime is not even required. Instead, the only thing that is required beyond the agreement itself is an overt act in furtherance of the criminal objective. This overt act need not be substantial, but nearly any act to plan or help the crime succeed may be sufficient, as a Newnan conspiracy attorney can explain.
Prosecutors commonly use these charges as leverage in a larger criminal investigation. In many cases, another criminal defendant is charged with or suspected of committing a substantial crime. In order to obtain cooperation or testimony from someone else, prosecutors may charge them with conspiracy.
Often, this is with little evidence to support their claim. However, in some cases, it may be clear that the charged person was involved. In either case, a seasoned defense attorney in Newnan is prepared for these types of tactics and how to help protect the person charged with conspiracy.
Conspiracy charges, like other criminal acts, are subject to certain common defenses that may help. In addition to these ordinary defenses are some that are especially applicable to these charges. These include:
These defenses and many others may apply to a conspiracy charge, as a diligent Newnan attorney will further explain.
A conviction for conspiring to commit a crime can be detrimental to your life. These charges are serious and are often charged alongside other serious criminal offenses. Often they are used as pressure tactics by prosecutors who assume you will knuckle under.
Instead, consult with a Newnan conspiracy lawyer to understand your rights. You can fight back against these charges. Contact our office today.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC