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Getting charged with taking part in a criminal conspiracy can feel terrifying. A “conspiracy” charge alleges that the accused is part of a group effort to commit a crime. The charges are often serious, and they can carry significant penalties.
If you are facing conspiracy charges, you should not have to face them alone. A Denver conspiracy lawyer could help you create a solid legal defense. Our dedicated defense attorney and former prosecutor, Mike Petrash, could help you seek the best possible outcome in your case.
In Colorado, a criminal conspiracy requires an agreement between two or more people to commit a crime. Even if the crime was never actually committed, an agreement itself is enough to lead to criminal charges. When coupled with an agreement, the law treats intent as a serious offense.
Colorado Revised Statute § 18-2-201 provides that a person can be charged with conspiracy if they agree to commit a crime and then take a substantial step towards completing it. The “substantial step” component is important because it distinguishes mere planning or discussion from active participation in a conspiracy.
Conspiracy penalties can be severe, but they depend on the type of crime the parties are allegedly conspiring to commit. However, they are often as harsh as the penalties for the crime itself. For example, a conspiracy to commit a class one felony—the most severe kind in Colorado—could result in life in prison. A conspiracy to commit a less serious crime leads to less serious penalties, but those penalties might still include prison time and substantial fines. Anyone facing conspiracy charges needs a Denver attorney who knows the law and who could build a strong defense.
Defending against conspiracy charges requires a strong game plan. The complexity of conspiracy cases means that a one-size-fits-all approach will rarely work. Some common defenses include:
Strong defenses often focus on the “agreement” element of the crime. In the absence of an agreement, a conspiracy case falls apart.
In other cases, the defense might focus on the lack of intent. In a conspiracy case, prosecutors need to prove beyond a reasonable doubt the defendant intended to commit the crime. If the intent is unclear or absent altogether, the charges likely fail.
Conspiracies require the accused to take a substantial step in furtherance of completing the crime. The substantial step requirement ensures that only those who actively pursue the criminal objective can be convicted in a conspiracy case.
An experienced Denver lawyer could review a case and develop a specific defense plan in light of the evidence.
The legal process can feel daunting to anyone caught up in it. Not only are there specific laws about the criminal charges themselves, but there are whole sets of rules that govern the criminal process. Understanding how those rules work to your advantage is critical, and it is not something you need to do alone. An experienced Denver conspiracy lawyer could be your trusted advocate and advise you on how to move forward with your case. If you are facing conspiracy charges, call today to discuss your legal options.