Our Virginia Criminal Defense Lawyers Provide the Information You Need Regarding a Conspiracy Offense
Unlike most criminal accusations, conspiracy charges don't require direct involvement in the actual commission of a crime—merely an agreement to commit a criminal act and an overt step toward its completion. This means that even if the underlying crime never took place, you could still be held legally accountable.
At The Wilson Law Firm, our experienced criminal defense lawyers understand the severe punishments you face if convicted of conspiracy and the long-term ramifications of having a permanent criminal record. Our legal team will use every defense available to help you obtain the best possible outcome in your case.
What Is Criminal Conspiracy in Virginia?
Knowing the various elements of the offenses against you helps our criminal defense team identify potentially strong defenses we can use to fight for you, even if you know you’re guilty.
To convict you of criminal conspiracy, the prosecutor must prove that you and at least one other person agreed to commit a crime or to use unlawful means to commit a lawful act. You can be guilty of conspiracy if you talked about your plans but didn’t take any steps to commit the offense. In addition, you don’t have to know all the details of the plan or all the people involved in the crime to be arrested for criminal conspiracy.
The prosecutor has an easier time convicting you of conspiracy under state vs. federal laws. Under federal conspiracy laws, they must also prove that you or a co-conspirator took some action to execute the plan.
Common Conspiracy Charges You May Face
One of the most common conspiracy charges we help clients with is the conspiracy to commit a felony under Virginia Code § 18.2-22.
You could be found guilty if you conspire with one or more individuals who are in or outside our state to commit a felony in Virginia. The conspiracy felony classification depends on the underlying crime you’re charged with committing:
- Class 1 felony. If you’re charged with a Class 1 felony crime—which is punishable by death—your conspiracy charge would be classified as a Class 3 felony. You could be sentenced to up to 20 years in prison and a fine of up to $100,000.
- Non-capital offense. If you’re accused of committing a non-capital offense, the charge would be a Class 5 felony. Your prison sentence can be up to 10 years, and your fine is no more than $2,500.
- Crime punishable by less than five years. When the underlying charge results in a jail or prison sentence of less than five years, the judge can sentence you to up to one year in jail or prison and a $500 fine if you’re convicted of conspiracy to commit a felony.
Two other common criminal conspiracy charges you might face include:
- Conspiracy to commit a larceny or trespass. If you’re convicted of these crimes as a felony, you could face a prison sentence of one to 20 years and a fine of between $2,500 to $100,000.
- Conspiracy to commit credit card fraud. When credit card fraud is committed by one or more individuals, Virginia Code § 18.2-195 categorizes it as a Class 1 misdemeanor if the value of the goods or services is less than $1,000 in a six-month period; and a Class 6 felony if their value is more than $1,000 in this time period. The punishment for a Class 6 felony conviction could include up to five years in prison and a maximum fine of $2,500.
Given these harsh punishments, you shouldn’t take chances with your defense. The skilled professionals at The Wilson Law Firm will mount an aggressive defense strategy, challenging the validity of the charges against you and the evidence the prosecution is using to try to convict you. We won’t hesitate to have your case decided at a jury trial if this is in your best interests.