Most people who are charged with a crime have either already committed it or are wrongly suspected by the police of already committing it. The charges result from something that has already been done (or is still ongoing), even if it was not them that did it.
Things work a little differently when it comes to conspiracy charges. You don’t have to complete the planned criminal act to face charges. In fact, you could still be charged with conspiracy even if authorities intervene and stop the plan before it takes place.
What is required?
In most conspiracy cases, two elements are required:
- At least two people must agree to engage in a criminal conspiracy.
- At least one person must “take a concrete step” toward completing the planned crime.
For example, marijuana cultivation is legal in Virginia. However, recreational marijuana is illegal in nearby South Carolina. You and an accomplice might plan to grow marijuana, rent a van and transport it to South Carolina for illegal sales. You rent the van and begin growing marijuana plants on your property.
Although neither renting the van nor growing the plants is inherently illegal, you could still face drug conspiracy charges. You and your accomplice planned to break the law, and renting the van could be considered a concrete step toward carrying out that plan. Even if no illegal drug sales occurred yet, the conspiracy charges could still apply.
This example illustrates how conspiracy charges differ from other crimes and why it’s critical to understand your legal defense options.
