Alexandria Conspiracy Attorneys

Defending Against Conspiracy Charges in Virginia 

If you have been accused of being involved in a federal crime, not only do you face charges for the alleged criminal offense, but you could also be charged with planning with others to commit the crime. This type of action is known as “conspiracy,” and it is often associated with other federal offenses.

If you or a loved one are facing serious federal charges, including conspiracy, you do not have to go through the legal process alone. With 26 years of top-notch experience, our Alexandria conspiracy defense lawyers at Bynum & Jenkins Law have extensive knowledge of state and federal criminal laws to guide you through the complexities of the criminal justice system and fight for the most favorable result.

Have you been accused of conspiracy? Call Bynum & Jenkins Law today at (703) 537-5522 or contact us online to schedule a free consultation with our conspiracy lawyers in Alexandria! 

What is Conspiracy?

Conspiracy involves an agreement – whether it is written or verbally agreed upon – made by two or more people or parties to commit or try to commit a criminal offense. This type of offense is typically charged along with other federal crimes, such as drug distribution, tax fraud, or even RICO.

However, it is not enough to be convicted of conspiracy by only reaching an agreement with multiple parties. A co-conspirator must commit an “overt act” to move the conspiracy forward. For example, a person purchases a gun and a ski mask to be used in a robbery.

What Are the Penalties for Conspiracy?

A conviction for conspiracy is punishable by a maximum prison term of five years and/or a fine of up to $250,000 for each count. Yet, many conspirators face the same exact penalties as defendants that committed the underlying substantive crime. For instance, a conviction for conspiracy involving racketeering can carry a sentence of imprisonment of up to 20 years, exactly the same penalties as a conviction for racketeering. 

Defense Strategies Against Conspiracy Charges

Defense strategies against conspiracy charges can be multifaceted and tailored to the specifics of each individual case. Here are several common approaches that your defense attorneys may use:

• Challenging the Existence of an Agreement: One of the core elements of a conspiracy charge is the existence of an agreement between two or more parties to commit a crime. A defense attorney may argue that no such agreement existed or that the actions of the accused were independent and not part of a coordinated plan.
• Lack of Intent: For a conspiracy charge to hold, the prosecution must prove that the accused had the intent to participate in the criminal plan. The defense might argue that the accused had no intention to commit the crime, or that their involvement was unwitting or based on misinformation.
• Insufficient Evidence: Conspiracy charges often rely on circumstantial evidence and testimonies from co-conspirators or informants. A defense attorney can scrutinize the credibility of this evidence, highlighting inconsistencies, biases, or lack of corroboration to cast doubt on the prosecution's case.
• Withdrawal from the Conspiracy: If the accused can demonstrate that they withdrew from the conspiracy before any criminal act was committed, they may have a viable defense. Withdrawal typically requires the accused to have taken affirmative steps to disassociate themselves from the conspiracy, such as notifying authorities or co-conspirators of their departure from the plan.
• Entrapment: If law enforcement agents induced the accused to participate in the conspiracy, the defense might raise an entrapment defense. This strategy involves proving that the accused would not have engaged in the criminal conduct if not for the undue influence or persuasion by law enforcement.
• Co-Conspirator Testimony: In some cases, the prosecution's case hinges on the testimony of co-conspirators who may have entered into plea deals. A defense attorney can challenge the reliability and motivations of these witnesses, suggesting they might be testifying to reduce their own sentences rather than providing truthful accounts.
• Alibi: Providing evidence that the accused was not present at key times or locations where the conspiracy was allegedly formed or executed can be a powerful defense. Alibi witnesses or tangible evidence like time-stamped videos, receipts, or travel records can support this strategy.
• Duress or Coercion: If the accused was forced or coerced into participating in the conspiracy under threat of harm, a defense of duress might be applicable. This defense involves demonstrating that the accused had a reasonable belief that they or someone close to them would be harmed if they did not comply.
• Statute of Limitations: If the alleged conspiracy took place outside the statutory time limit for prosecution, the defense can argue that the charges should be dismissed on these grounds.

Each conspiracy case is unique, and the success of any defense strategy depends on the specific facts and circumstances. A skilled defense attorney will thoroughly analyze the evidence, identify weaknesses in the prosecution's case, and develop a tailored defense strategy aimed at achieving the best possible outcome for the accused.