When two or more people agree to commit a criminal offense, it is charged as conspiracy. This usually does not entail a formal agreement and most times people do not even realize they are taking part in a conspiracy until they are formally charged. Understanding South Carolina’s laws on conspiracy can be crucial to a strong defense.
If you were accused of conspiracy, you have options. We understand how overwhelming it is to be formally charged with a crime. Not to mention a crime you did not actually commit. Ask a Goose Creek conspiracy lawyer to review your case and recommend a defense strategy. Call today to speak with a well-practiced criminal defense attorney.
The Crime of Conspiracy in South Carolina
Conspiracy can be charged as either a state or federal crime. In South Carolina, conspiracy is defined as two or more people forming an agreement to commit an unlawful act. If the prosecutor can prove that an agreement was established—whether it be formally, verbally, or implied—all defendants involved are guilty of conspiracy. Someone cannot be charged with conspiracy if they are the only person involved in a crime. The prosecutor must be able to show that there was an agreement among the parties, either directly or indirectly.
Attempting to commit a conspiracy is a separate and distinct offense. Neither offense requires the underlying crime to actually occur, but to commit a conspiracy, the parties must have taken a substantial step to completing the crime. This could mean, for example, buying the materials needed for a particular crime. Attempted conspiracy can be charged if there was an agreement to conspire, but the parties did not take any action to commit the base crime. A knowledgeable Goose Creek conspiracy attorney could explain the different charges in further detail during an initial consultation.
Conspiracy Penalties
At the state level, conspiracy is a felony, punishable by up to five years in prison and fines up to $5,000. Conspiracy must be charged in conjunction with another crime. A person cannot be guilty of conspiracy on its own. Likewise, the penalty for a conspiracy charge may not exceed the sentence for the underlying criminal offense. For example, if someone is charged with conspiracy to commit robbery and is sentenced to three years, their sentence for conspiracy cannot exceed that of the base offense. As such, developing a strong defense strategy requires looking at both crimes charged.
On the federal side, conspiracy is commonly charged with a variety of offenses, from drug trafficking or robbery to white-collar crimes such as fraud or embezzlement. Realistically, prosecutors can tack on conspiracy charges in most cases involving multiple defendants so long as there was some type of agreement among the parties to do something illegal. The penalties for conspiracy at the federal level vary based on various factors, including the nature of the underlying offense and the defendant’s criminal history. Federal judges are afforded great discretion in sentencing based on the Federal Sentencing Guidelines. Hire a seasoned Goose Creek lawyer to help calculate the potential penalties when facing a federal conspiracy charge.
Get in Touch With a Goose Creek Conspiracy Attorney
Defending against conspiracy charges is challenging because not only is the threshold for forming an agreement relatively low, but you are also judged based on your co-conspirators’ actions. A strong defense strategy is key to a favorable outcome. A Goose Creek conspiracy lawyer could advise you on South Carolina’s laws and the potential penalties if you are convicted.
It is important to keep in mind that conspiracy is charged with an underlying offense. As such, it is possible to face significant penalties for both the base crime and the conspiracy charge. As South Carolina criminal defense attorneys, we are here to answer any questions you have about your case and help you defend your rights. Call today.