Being accused of conspiracy is unnerving—whether or not you ever intended to commit a crime.
New Jersey Conspiracy Charges Lawyers
Protecting your rights, reputation, and future against state or federal criminal conspiracy charges
Criminal conspiracy charges can have serious consequences, including prison sentences and fines. The attorneys at Dughi, Hewit & Domalewski have deep experience in handling conspiracy investigations. We have represented clients facing all types of conspiracy charges from extensive narcotics distribution rings, to healthcare insurance schemes, to high-profile, white-collar criminal defense matters.
If you are facing conspiracy charges, turn to an experienced criminal law attorney who knows what it takes to provide a vigorous defense and challenge the required elements of a criminal conspiracy charge.
Contact Dughi, Hewit, & Domalewski to schedule your consultation now.
Definition of Conspiracy Charges
When two or more people plan to do something illegal, they engage in a type of crime known as conspiracy. Any person involved with the plan could face state or federal criminal conspiracy charges, whether or not:
- The alleged plan was written or verbal
- The individuals achieved the object of the conspiracy
- The individual facing charges knew all the details
- All the accused individuals know each other
Types of Conspiracy Charges
There are many types of conspiracy charges, but some of the most common include:
- Conspiracy to commit fraud: Agreeing to deceive another person or entity for financial gain, such as conspiracy to commit bank fraud or healthcare fraud
- Conspiracy to commit drug trafficking: Agreeing to help distribute illegal drugs
- Conspiracy to commit murder: Agreeing to assist in killing another person
No matter what type of conspiracy you’re accused of, Dughi, Hewit & Domalewski can help. Call us today.
The Difference Between Conspiracy and Other Criminal Charges
Conspiracy itself is a crime, and it is often accompanied by other criminal charges. The several criminal charges often make consequences for criminal conspiracy charges particularly severe.
Conspiracy is a crime of intent
You can be charged with criminal conspiracy even if you did not necessarily do anything illegal. For example, if you’re accused of conspiring to distribute drugs, the prosecution does not have to prove you accomplished this goal; rather, they only need to show that you intended to, agreed to it with another, and took certain affirmative acts toward that goal.
You can be convicted for someone else’s action
If you are convicted of conspiracy, you may also face punishment for actions by co-conspirators. For example, if you agreed to help a friend commit bank fraud and they solely interact with the financial institution, you could be charged with conspiracy to commit bank fraud for simply dropping off bank forms in the mail or delivering documents.
Evidence is often directly from co-conspirators
Conspiracy cases often involve circumstantial evidence and hearsay evidence allowing for the statements of co-conspirators. Conspiracy charges often allow for admission of statements that otherwise would not be admissible outside of a conspiracy charge, requiring the attention of an experienced criminal defense attorney.
If you are facing criminal conspiracy charges in New Jersey, you need an attorney who understands what you are up against. Call Dughi, Hewit & Domalewski now.
Legal Consequences of Conspiracy Charges
The degree of criminal conspiracy charges varies depending on the underlying crime. For example, agreeing to commit third-degree money laundering might lead to a third-degree conspiracy charge.
Conspiracy to commit a first-degree crime is the exception; these types of conspiracy charges may be charged as a crime in the second degree.
Why does this matter? The degree of the charge determines the severity of the penalty. If you are accused of criminal conspiracy, you could face significant fines and prison time.
Penalties for criminal conspiracy include:
- For second-degree criminal conspiracy: Prison time of 5-10 years, fines of up to $150,000
- For third-degree criminal conspiracy: Prison time of 3-5 years, fines of up to $15,000
- For fourth-degree criminal conspiracy: Prison time of up to 18 months, fines of up to $10,000
Common Defenses Against Conspiracy Charges
The nature of criminal conspiracy charges makes them particularly difficult to defend against. Experienced criminal law attorneys are familiar with the nuances of state and federal conspiracy law and know which legal strategies are most effective.
Depending on the specifics of your case, various defenses may work in your favor.
Abandonment or withdrawal
The prosecution may agree to pursue a lesser sentence or drop the charges altogether if your criminal defense attorney can prove that you:
- Voluntarily changed your mind about participating in the crime
- Told anyone else involved that you no longer wanted to participate
- Withdrew from the plan before any overt acts were committed
Entrapment
If a law enforcement officer or government agent abused their power and forced you to engage in illegal activities, you may face lesser penalties.
This defense is only effective if your attorney can prove:
- The idea came from the law enforcement officer or government agent
- You had no intention of committing a crime before being persuaded
Lack of an overt act
In some cases, you may not be charged with conspiracy if no one involved in the plan took action toward executing the crime.
This, of course, depends on what the intended crime was. Serious crimes like armed robbery, murder, or possession with intent to distribute drugs do not require an overt act for authorities to file charges against you.
The best defense strategy depends on your circumstances. Consult with a criminal law attorney for guidance on your unique situation.
Investigating and Proving Conspiracy
To prove that someone is guilty of participating in a criminal conspiracy, the prosecutor must demonstrate certain factors were present.
Elements of a conspiracy:
- Mutual agreement: The accused person consented to participate in the crime and was not forced
- Intent: The accused person knew the plan was illegal and still agreed
- Indictable offense: The underlying crime must be an indictable offense—criminal conspiracy charges cannot be added to civil action or disorderly persons offenses
- Overt act: In some (but not all) situations, criminal conspiracy charges cannot be filed unless at least one person took a step toward executing the plan (e.g., purchasing weapons or materials to execute the plan)
Note that an overt act is not necessary for the prosecution to charge you with conspiracy if the conspiracy was to distribute drugs, commit a first-degree crime like an armed robbery or felony murder, or commit a second-degree crime like aggravated assault.
Co-conspirators and Plea Bargains
Sometimes, the prosecution offers a plea deal to individuals accused of conspiracy in exchange for offering information about co-conspirators.
The plea bargaining process can be very complicated. Work with an experienced criminal defense attorney who will vigorously advocate for your rights and protect your interests.
Legal Representation You Can Count On
If you are facing accusations of conspiracy, time is of the essence.
Dughi, Hewit, & Domalewski’s knowledgeable criminal defense attorneys have experience fighting criminal conspiracy charges at the state and federal levels. We work tirelessly to mitigate the impacts of criminal conspiracy charges on your reputation, freedom, and finances.
Schedule your consultation with our team today to begin building your defense as soon as possible.
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