Conspiracy Lawyer Representing Clients Nationwide
Conspiracies can be connected to drug crimes, violent crimes, and white-collar crimes. If you have been accused of violating conspiracy laws, it is understandable that this would be a frightful situation for you and those who depend on you. Before you appear before a judge in federal court, it is advisable that you speak with criminal defense lawyers experienced with representing clients accused of violating criminal law.
Criminal defense attorney Diane C. Bass is highly respected by both her clients and her fellow defense lawyers in both Southern California and nationwide. She has a reputation as a dedicated defender of individual rights and would be proud to offer a free initial consultation to those wishing to have their case evaluated.
If you are set to appear in federal courts, you should consider first speaking with the Law Office of Diane C. Bass about the particulars of your unique case.
What Are the Elements of Conspiracy & Conspiracy to Commit Fraud?
A conspiracy is a kind of criminal partnership — an agreement of two or more persons to commit one or more crimes. The crime of conspiracy is the agreement to do something unlawful; it does not matter whether the crime agreed upon was committed. For a conspiracy to have existed, it is not necessary that the conspirators made a formal agreement or that they agreed on every detail of the conspiracy.
Elements of a conspiracy include:
- One becomes a member of a conspiracy by willfully participating in the unlawful plan with the intent to advance or further some object or purpose of the conspiracy, even though the person does not have full knowledge of all the details of the conspiracy. One who willfully joins an existing conspiracy is as responsible for it as the originators.
- On the other hand, one who has no knowledge of a conspiracy, but happens to act in a way that furthers some object or purpose of the conspiracy, does not thereby become a conspirator.
- Similarly, a person does not become a conspirator merely by associating with one or more persons who are conspirators, nor merely by knowing that a conspiracy exists.
- An overt act does not itself have to be unlawful. A lawful act may be an element of a conspiracy if it was done for the purpose of carrying out the conspiracy.
- The government is not required to prove that the defendant personally did one of the overt acts.
- Other examples of a conspiracy include conspiracy to distribute narcotics or conspiracy to commit any other crime.
Additionally, conspiracy to commit fraud can differentiate from a standalone fraud charge as you do not actually have to commit fraud to be charged as a conspirator to fraud. To be charged with conspiracy to commit fraud, one only has to be in agreement with one of the aspects of the larger fraud that took place.
What Types of Conspiracy Charges Could a Criminal Defense Attorney Represent?
Conspiracy charges are often connected with other types of crimes which your attorney may also be able to defend you from, including:
- Credit card fraud.
- Criminal threats or violence.
- Securities fraud.
- White-collar crimes like forgery, mortgage fraud, and identity theft.
Your lawyer is bound by the attorney-client relationship, so your communication regarding your court case is confidential. You should feel at ease trusting your defense attorney with the truth surrounding your case.
What is the Punishment for Criminal Conspiracy?
Many cases in federal court are charged as conspiracies. The government uses this statute to charge individuals who are only minimally involved in large cases. This can be terrifying for someone who is significantly less culpable and knows extraordinarily little about the scope and structure of the enterprise.
In order for someone to be found guilty of conspiracy, the government must prove each of the following elements beyond a reasonable doubt:
- There was an agreement between two or more persons to commit at least one crime.
- The defendant became a member of the conspiracy knowing of at least one of its objects and intending to help accomplish it.
- One of the members of the conspiracy performed at least one overt act for the purpose of carrying out the conspiracy.
Even someone who did not obtain any money in a fraud conspiracy can be subject to the same penalties as the people who got away with millions of dollars. This is because the sentence in fraud cases is based upon the amount of loss to the alleged victim, not the amount of gain to the defendant. In conspiracy, everyone involved can be held equally responsible. They will also be held jointly and severely liable for the loss and be required to pay restitution if convicted.
Penalties typically include:
- Up to 5 Years in Prison
- Up to $250k in Fines
Begin to Build Your Confidential Attorney-Client Relationship with a Free Consultation
If you’ve been accused of a conspiracy charge, it is vitally important that you speak with an attorney capable of providing you with a strong legal defense. These crimes are serious, but a good defense can go a long way towards seeing charges dismissed or reduced.
To schedule a free consultation and discuss your legal options in more detail, please contact the Law Office of Diane C. Bass today at 949-494-7011.