Few criminal charges create as much confusion as conspiracy. Many people assume that a crime must actually happen before anyone can be arrested or prosecuted. Others downplay their involvement, believing that minor actions cannot make them culpable. Such assumptions can be costly.
Under Tennessee law, criminal conspiracy generally involves two or more people agreeing to break the law, followed by at least one step taken to further that plan (overt act). The act doesn’t have to be dramatic.
Prosecutors may point to phone calls, meetings, text messages, money transfers or other seemingly minor actions as evidence of a conspiracy. You can face conspiracy charges based on conduct that may seem minor on its own, even if the plan wasn’t actualized.
The potential penalties
Conspiracy charges are often punished according to the severity of the underlying offense or the crime that was allegedly planned. The more serious the underlying offense, the harsher the penalties. You may be looking at jail time, substantial fines, probation and a permanent criminal record, among other legal penalties if convicted.
It’s also worth noting that you can be charged with both conspiracy and the underlying offense if the crime was completed. This means you could be on the hook for two separate criminal charges, each carrying its own sentence.
You may have viable legal defenses
Conspiracy charges often hinge on the interpretation of your actions. What did you actually agree to? Did you withdraw before any step was taken? You may also challenge the nature of the agreement, the credibility of the witnesses and even whether the prosecution’s evidence proves intent beyond a reasonable doubt.
If you’re under investigation or facing conspiracy charges in Tennessee, strong legal representation can make a major difference in protecting your rights and fighting for the best possible outcome.
