When a person plans to commit a federal crime together with one or more people, federal prosecutors may charge that person with criminal conspiracy as a separate offense. Many federal criminal cases involve charges of “conspiracy” in addition to charges related to the completed or attempted criminal offense. But how do conspiracy charges make federal criminal prosecutions more difficult for defendants? Understanding the role that conspiracy charges can play in federal cases can help defendants facing such charges plan their defense strategies.
Understanding Federal Conspiracy Charges
When federal prosecutors suspect a person of having committed or attempted to commit a federal offense with another person, prosecutors may charge all the individuals involved in the commission or attempt of the offense with criminal conspiracy. Criminal conspiracy under federal law occurs when two or more people conspire to commit a criminal offense under federal law or to defraud the federal government, and at least one of those people commits any act intended to carry out the goal of the conspiracy.
A conviction for federal criminal conspiracy can lead to a sentence including a fine, a prison term of up to 5 years, or both. However, when the conspiracy involves the commission or attempted commission of a federal misdemeanor, the maximum sentence for conspiracy cannot exceed the maximum punishment authorized for the underlying misdemeanor.
A Conspiracy Charge Does Not Require a Conviction for the Actual Crime
One factor that can make federal criminal conspiracy cases more challenging for defendants is that a charge does not require a conviction for the underlying criminal offense. A person violates the conspiracy statute if they conspire with one or more people to commit a federal criminal offense, and at least one member of the conspiracy commits an act in furtherance of the goal of the conspiracy. However, every member of the conspiracy can face conspiracy charges even if they did not participate in the act or acts to carry out the conspiracy’s objective(s).
Prosecutors Can Use Co-Conspirators’ Testimony
Federal criminal conspiracy cases can also become more challenging for defendants because prosecutors can often use co-conspirators’ statements as evidence against them. The Federal Rules of Evidence expressly exclude statements made by a co-conspirator in furtherance of the conspiracy from the definition of inadmissible hearsay. As a result, emails, text messages, or phone calls made by a co-conspirator that discuss the conspiracy may serve as evidence in a conspiracy prosecution. Furthermore, prosecutors may negotiate plea deals with co-conspirators in exchange for their agreement to testify against other members of the conspiracy.
Federal Sentencing Guidelines Can Lead to Harsh Penalties for Conspiracy Convictions
Although federal law establishes the maximum sentence for criminal conspiracy, the specific sentence that a defendant may receive following a conviction will depend on the judge’s assessment of the federal Sentencing Guidelines and statutory sentencing factors. The Sentencing Guidelines determine a presumptive range for a defendant based on their criminal history and the severity of their offense. Judges can vary upward or downward from the Guidelines range based on mitigating or aggravating factors. Furthermore, defendants convicted of both conspiracy and the underlying criminal offense, or attempted offense, may also receive consecutive sentences for both convictions, requiring them to complete the sentence for one conviction before serving the sentence for the other, since federal law treats conspiracy as a separate crime from the underlying offense.
Contact a Federal Criminal Defense Lawyer Today
After you get arrested for a suspected federal offense, you may face conspiracy charges in addition to or instead of charges for the underlying offense. Contact Guest & Gray today for a confidential consultation with an experienced federal criminal defense attorney to learn more about the challenges of facing federal criminal conspiracy charges in Texas.
