What to Know about Conspiracy Charges in Georgia

What to Know about Conspiracy Charges in Georgia.

Conspiracy is a distinct criminal offense in Georgia. It is charged as conspiracy to commit a felony or conspiracy to commit a misdemeanor and may be charged along with other specific criminal charges. Any conspiracy charge is a serious matter with significant penalties and consequences. Representation by an experienced Georgia criminal defense lawyer is essential if you face conspiracy charges.

Definition of Conspiracy

Under O.C.G.A. §16-4-8, a person commits conspiracy when they conspire together with one or more other persons to commit any crime, and any one of the persons does an overt act in furtherance of the conspiracy. The statute thereby establishes two elements that must be proven by a prosecutor beyond a reasonable doubt to convict a person of conspiracy: 1) Existence of an agreement to commit a crime, involving at least two people, and 2) Commission of an overt act by at least one of the people to further the conspiracy.

Conspiracy can be charged even if the planned crime was actually committed or completed, under O.C.G.A. §16-4-8.1. However, that section also provides that a person cannot be convicted of both conspiracy to commit a crime and the completed crime. In addition, O.C.G.A. §16-4-9 provides that a co-conspirator who withdraws from the agreement to commit a crime before the overt act occurred may be relieved from a conspiracy charge.

For a conspiracy charge, the agreement to commit a crime does not need to be formal or written. It can be implied by the conduct of the individuals who are involved. In addition, the overt act furthering the conspiracy does not need to be a criminal act. It can be a legal act that implements the agreement to commit a crime. Conspiracy is a distinct crime, separate from other similar offenses, such as criminal attempt (O.C.G.A. §16-4-1) and criminal solicitation (O.C.G.A. §16-4-7).

Penalties for Conviction of Conspiracy

The law defining conspiracy also provides for specific penalties, which reflect the seriousness of the crime. A conviction for conspiracy to commit a felony is punished as a felony. Punishment for conviction of conspiracy to commit a misdemeanor is consistent with punishment for the misdemeanor itself. Potential penalties as stated in the law are as follows:

  1. For conviction of criminal conspiracy to commit a felony, the penalties are a prison term of not less than one year or more than half the maximum prison sentence for conviction of the underlying crime, half the maximum fine for conviction of the underlying crime, or both.
  2. For conviction of criminal conspiracy to commit a misdemeanor, the penalties are the same as a misdemeanor (up to 12 months in jail, a fine up to $1,000, or both).
  3. For conspiracy to commit a crime punishable by death or life imprisonment, the penalty is not less than one or more than ten years in prison.

In addition to jail or prison time, other potential penalties include probation, asset forfeiture, restitution to victims, community service, and mandatory counseling or rehabilitation.

Defending Against a Conspiracy Charge

A conspiracy charge is often factually and legally complex, especially since conspiracy is often charged in addition to other serious criminal offenses. Felony conspiracy charges are more common in Georgia than misdemeanor charges. Drug trafficking, fraud schemes, and robbery or burglary charges are examples of offenses that may lead to a conspiracy charge.

A knowledgeable criminal defense attorney always has strategies and defenses that can be asserted to challenge a conspiracy charge. The circumstances of a specific conspiracy charge determine the best defenses to the charge. Examples of potential defenses include:

  • Lack of an agreement to participate or intent to commit a crime
  • Withdrawal from the conspiracy (O.C.G.A. §16-4-9)
  • No other persons were involved
  • Lack of an overt act by anyone
  • Entrapment by law enforcement
  • Illegal acts by police in searches or seizures

The defenses available in a specific conspiracy case depend on the facts and circumstances of the charges. As with any criminal charges, you should contact a lawyer at the earliest possible time if you face a conspiracy charge or even think you are under investigation for conduct relating to a crime or conspiracy. Your lawyer helps you understand the Georgia criminal process, in addition to defending against the specific charges you face. You should not ever try to represent yourself in a criminal case.

Schedule a Consultation with an Experienced Georgia Criminal Defense Lawyer

Our criminal and DUI defense lawyers at The McCoy Law Firm, LLC, have decades of experience representing defendants throughout northwest Georgia on conspiracy charges, as well as all types of state misdemeanor and felony criminal charges. If you are under investigation or are facing any criminal charge, please immediately contact Criminal & DUI Law of Georgia, so we can begin working on your case right away.

Categories: Criminal Defense