Conspiracy

The Law

• A person commits conspiracy if, with intent that a felony be committed:
• He agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense; and
• He or one or more of them performs an overt act in pursuance of the agreement.
• An agreement constituting a conspiracy may be inferred from acts of the parties.
• It is no defense to prosecution for criminal conspiracy that:
• One or more of the coconspirators is not criminally responsible for the object offense;
• One or more of the coconspirators has been acquitted, so long as two or more coconspirators have not been acquitted;
• One or more of the coconspirators has not been prosecuted or convicted, has been convicted of a different offense, or is immune from prosecution;
• The actor belongs to a class of persons that by definition of the object offense is legally incapable of committing the object offense in an individual capacity; or
• The object offense was actually committed.
• An offense under this section is one category lower that the most serious felony that is the object of the conspiracy, and if the most serious felony that is the object of the conspiracy is a state jail felony, the offense is a Class A misdemeanor. This subsection does not apply to an offense under Section 76.02.

Punishment

In Texas, Conspiracy is classified as a Class A misdemeanor. An individual adjudged guilty of a Class A Misdemeanor shall be punished by:

• A fine not to exceed $4,000.00;
• Confinement in jail for a term not to exceed one year; or
• Both such fine and confinement.

Defense

There are a variety of defenses you can use to fight Conspiracy charges:

• You never agreed to participate with the coconspirator
• You withdrew your participation in the conspiracy
• You believed you were acting legally;
• You or your coconspirator did not commit an act furthering the crime

The exact language of this law, further details, and additional punishment concerns can be found in Section 15.02 of the Texas Penal Code. None of this information can take place of the information, knowledge, and expertise provided by a licensed attorney.