Philadelphia Conspiracy Defense Attorney

Criminal conspiracy involves an agreement between two or more people to commit a crime or to execute an illegal act. Federal prosecutors typically include this type of crime with other charges, such as drug manufacturing and weapons offenses, fraud, money laundering, and other high-level federal crimes. What’s unique about conspiracy cases is that even if the ultimate crime was not committed, the conspirators could still be convicted for planning the crime.

If you have been charged with conspiracy, Philadelphia conspiracy defense lawyer Lonny Fish can fight for you. Lonny Fish possesses extensive knowledge of the Pennsylvania and federal legal systems, allowing him to navigate clients through the law’s complexities with skill and precision. The Liberty Law Team can provide you with the aggressive and relentless defense necessary to protect your rights and reputation. For a free consultation on your case, contact the Law Offices of Lonny Fish today at (215) 826-3314.

What Constitutes Criminal Conspiracy in Philadelphia?

Conspiracy is an “inchoate crime.” This means that the crime is committed before any action is even committed. For example, if you and a companion are caught with plans and maps for committing a bank robbery, but did not even visit the bank yet, you can still be arrested and charged with conspiracy.

A defendant can be convicted of conspiracy if they collude with one or more individuals to commit a crime. The conspirators can still be convicted of conspiracy if they only solicited or attempted a crime but did not complete the crime.

You cannot be convicted of conspiracy unless the prosecutors can prove you or a co-conspirator committed an “overt act.” An overt act is an act which substantially advances the possible commission of the crime. For example, purchasing a stolen gun in order to commit armed robbery would constitute an overt act.

What is the Difference Between Conspiracy and Aiding and Abetting?

While conspiracy and aiding and abetting may seem similar, they’re actually two very different crimes. Conspiracy requires an agreement between two or more people to commit a crime while aiding and abetting requires that the defendant knowingly help someone else commit a crime—even if there’s no formal agreement in place.

A common example of aiding and abetting is when someone drives a getaway car for a bank robber. The driver didn’t agree to commit the robbery, but they knowingly helped someone else do so. Therefore, they can be charged with aiding and abetting, even though they didn’t actually participate in the robbery itself.

Defenses to Criminal Conspiracy Charges

There are a number of different defenses that a lawyer can use for a conspiracy case. The most common is to attack the prosecution’s evidence and try to show that there was no concrete agreement in place to commit a crime. This can be difficult to do, but if the prosecution’s case is based purely on circumstantial evidence, it may be possible to create enough reasonable doubt to avoid a conviction.

Another common defense is to show that the defendant withdrew from the conspiracy before any illegal acts were committed. In order to do this, the defendant must prove that they communicated their withdrawal in some way—typically by telling the other conspirators or taking some sort of action that makes it clear they’re no longer on board with the plan.

There are a few more defenses to a criminal conspiracy charge which a defendant can potentially claim in Pennsylvania. These defenses include the following:

• Renunciation – Renunciation is a defense that can be used by an individual who rejects the conspiracy and takes steps to prevent the crime from being completed. For this defense to be valid, an individual must totally and voluntarily reject the conspiracy.
• Abandonment – Abandonment is presumed if neither the defendant, nor the people they conspired with, complete any actions to advance the conspiracy in a major way. If you abandon the plan to commit a crime, you can potentially avoid being charged with conspiracy. You can also abandon a conspiracy by alerting law enforcement of the conspiracy and any role you may have played. However, you should consult an attorney before speaking to the police.
• No Intent – If the alleged conspirators can successfully argue that they had no intent to commit the underlying crime, they may argue that there was never any real criminal plan. Conspiracy requires that there is an underlying intent to commit the crime, so merely discussing crime in the abstract or as a joke may not constitute a conspiracy.
• Entrapment – A police officer, or a person cooperating with the police, commits entrapment if they cause an otherwise innocent person to commit a crime. If the individual had the intent to commit a crime and undercover cops or their agents merely help them with the crime, it is not entrapment. If the police create the criminal intent, the defendant may potentially be acquitted because of entrapment.
• Duress – Being forced into a conspiracy under violence or the threat of violence may generally be a defense to the crime, unless the charges involve murder or conspiracy to commit murder.

Criminal Penalties for Conspiracy in Philadelphia

The penalties for conspiracy will depend on a number of factors, including the severity of the crime that was allegedly agreed upon and the jurisdictions in which the alleged conspirators are tried. In Pennsylvania, for example, conspiracy to commit a misdemeanor is itself a misdemeanor, punishable by up to five years in prison and a fine of up to $10,000.

Conspiracy to commit a felony, on the other hand, is classified as a felony of the third degree, punishable by up to seven years in prison and a fine of up to $15,000. And if the underlying crime is itself a felony of the first or second degree, the conspiracy charge will be upgraded to a felony of the second or first degree, respectively.

Of course, these are just the criminal penalties—a conviction can also lead to a number of collateral consequences, such as the loss of your job, difficulty finding housing, and more. That’s why it’s so important to have an experienced Philadelphia conspiracy lawyer on your side if you’re facing these charges.

There is also a federal statute for conspiracy that handles conspiracies to defraud the United States and conspiracies to commit other federal crimes. Any attempt or conspiracy to commit a crime against the U.S. federal government is punishable by a maximum prison sentence of five years and a fine.

Philadelphia Conspiracy Defense Lawyer Offering Free Consultations

If you are facing a criminal conspiracy charge or have been placed under arrest, you should consult with an experienced criminal defense attorney right away. Philadelphia conspiracy lawyer Lonny Fish has handled thousands of felony cases in Pennsylvania. He can conduct a thorough investigation into your case, gather the necessary evidence, and interview the key witnesses to combat all allegations against you at the federal or state level. For a free consultation with our Philadelphia criminal defense lawyer, contact the Law Offices of Lonny Fish online, or call (215) 826-3314.