Under 18 Pa.C.S. § 903, a person may be charged with criminal conspiracy. Conspiracy is a tricky criminal charge to deal with, as it involves planning a crime but not necessarily committing one. If you are charged with conspiracy, speak to an attorney about your case as soon as possible.
Conspiracy is more than simply thinking about committing a crime. It requires a defendant to agree with at least one other person to engage in some form of criminal conduct. Furthermore, the defendant or their co-conspirator must have performed an overt act in furtherance of the conspiracy. Criminal conspiracy is distinct from criminal attempt because conspiracy focuses on the planning of a crime between more than one person, while attempt focuses more on the steps taken to complete the crime. However, these offenses often go hand-in-hand.
For a free case evaluation from our Philadelphia criminal defense lawyers, call Kenny, Burns & McGill at (215) 423-5500 as soon as possible.
How Criminal Conspiracy Charges Are Defined Under 18 Pa.C.S. § 903
Criminal conspiracy charges may apply if a defendant is believed to have planned to commit a crime with at least one other person. To be convicted, prosecutors must prove several crucial elements beyond a reasonable doubt.
Agreement to Commit a Crime
First, prosecutors must prove that there was an agreement to commit the crime and that multiple parties were involved. The very definition of criminal conspiracy requires multiple parties involved in the planning of a crime. You cannot be convicted of criminal conspiracy if you acted alone.
Agreement to Aid a Crime
Alternatively, prosecutors must prove that the defendant agreed to aid another person in committing a crime, even if the defendant did not participate in the crime itself. For example, helping would-be bank robbers procure weapons and masks may be enough to get someone charged with criminal conspiracy even if they did not participate in the robbery.
Requirement of an Overt Act
Simply planning a crime is not enough to warrant criminal charges. You cannot be arrested for thinking about doing something illegal. To be convicted, you must have completed some overt act in furtherance of the conspiracy. This might be something like a practice run of the crime, buying necessary materials, or scoping out the location of the planned crime.
How to fight Charges for Conspiracy Under 18 Pa.C.S. § 903
It may be possible to fight criminal conspiracy charges if prosecutors cannot prove certain elements of the alleged crime or if you backed out of the conspiracy at some point.
Renunciation
If you were part of a criminal conspiracy but backed out and no longer wanted any part of it, you might claim renunciation. Renunciation must be complete and voluntary. If some other person or force stops you from furthering the conspiracy, this might not constitute voluntary renunciation.
You must also do something to thwart the conspiracy’s success. Your former co-conspirators might try to continue without you. Reporting the crime to the police, including your involvement, could help you claim complete and successful renunciation of the conspiracy.
Lack of an Overt Act
We might instead fight the charges if the prosecutor cannot prove there was an overt act in furtherance of the conspiracy. While an overt act might consist of almost anything, depending on the alleged crime, the act alone does not prove you were part of a conspiracy.
Simply walking into a bank does not prove you were scoping it out for a robbery. Prosecutors must have other evidence indicating that there was a conspiracy and that you intended to be a part of it.
Your Actions Were Not Done Knowingly
You might also fight the charges if you were unaware of the role you played in the conspiracy. Perhaps you participated, but the alleged co-conspirator did not inform you of their criminal intentions.
For example, suppose your friend planned to rob a bank. Next, suppose they asked to borrow your rifle so they could go hunting, but they really planned to use it as part of the robbery. You should not be convicted of criminal conspiracy because you were unaware of the planned crime.
FAQs About Criminal Conspiracy Charges Under 18 Pa.C.S. § 903
What Do I Have to Do to Be Charged with Criminal Conspiracy?
Charges for criminal conspiracy require that a potential defendant agree with another person to commit or aid in the commission of a crime. The defendant must perform an overt act in furtherance of the conspiracy to be charged.
How Many People Are Involved in a Criminal Conspiracy?
Criminal conspiracy charges require at least two people to be involved. However, many conspiracy cases involve many more participants.
What is Considered an Overt Act for Criminal Conspiracy?
An overt act is any action that constitutes a significant step toward committing the crime or furthers the conspiracy. For example, purchasing materials needed to complete the crime may be considered an overt act.
How Do I Renounce a Criminal Conspiracy to Avoid Charges?
Renunciation is a strong defense to criminal conspiracy charges. Your renunciation must be complete and voluntary to be effective. Renunciation is ineffective if it is done only because the defendant realizes that they will likely be apprehended by law enforcement.
How Long Must a Conspiracy Last for Someone to Be Criminally Charged?
A conspiracy does not have to be a long-term plan. A person may be charged with conspiracy even if they only began the conspiracy earlier that day. However, many cases involve defendants who allegedly plan out criminal offenses over an extended period.
Can I Be Charged with Conspiracy if the Alleged Crime is Completed?
Yes. Unlike most other inchoate offenses, criminal conspiracy does not merge with the completed crime. For example, if you plan to rob a bank with a partner and successfully complete the crime, you may be charged with the robbery and conspiracy to commit the robbery.
Contact Our Criminal Conspiracy Defense Lawyers for Legal Support
For a free case evaluation from our Montgomery County, PA criminal defense lawyers, call Kenny, Burns & McGill at (215) 423-5500 as soon as possible.
