A charge of conspiracy is detailed under section 15.03 of the Texas Penal Code. A person commits criminal conspiracy if, with intent that a felony be committed:

  • He agrees with one or more individuals that they or one or more of them engage in conduct that would constitute the offense; and
  • He or one or more of them performs an overt act in pursuance of the agreement
    • An agreement constituting a conspiracy may be inferred from the acts of the parties

An agreement constituting a conspiracy may be inferred from the acts of the parties. Direct evidence of agreement between the parties is not required. Prosecutors may prove the existence of a conspiracy by circumstantial evidence that is logically deductible.

If, in an attempt to carry out a conspiracy to commit one felony, another felony is actually committed by one of the conspirators, all conspirators are guilty of the felony actually committed, even though they had no intent to actually commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of carrying out the conspiracy.

It is not a defense to the charge of conspiracy that if at the trial of the coconspirators, one or more of them was acquitted, so long as two or more coconspirators still have not been acquitted. Additionally, it is not a defense to this crime that one or more of the coconspirators has not been prosecuted or convicted or has been convicted of a different offense.

One person acting alone cannot commit a conspiracy. The rule has evolved that inasmuch as two persons are necessary to a conspiracy, if two are tried and one is acquitted, the other must also be acquitted.

The charge of Conspiracy is one level lower than the most serious felony that is the object of the conspiracy, and if the most serious felony that is the object of the conspiracy is a state jail felony, the offense is a class A misdemeanor.

The charge of conspiracy is a power tool for the prosecutor. If you have been charged with the offense of conspiracy you need a defense attorney who understands the intricacies of this charge and can evaluate the facts and evidence and develop the defenses in your case.

If you are facing a conspiracy charge, Attorney Matt Bingham is ready to get to work on your case. You need to secure a competent and qualified defense lawyer. Contact the law offices of Matt Bingham today to schedule a free consultation.

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