Criminal Conspiracy under Tex. Penal Code Ann. §15.02

When we talk about “Criminal Conspiracy”, we’re discussing the act of two or more people agreeing to commit a criminal offense, followed by an overt act by one of them to advance the agreement. It’s not simply about the intent or the talk; there needs to be an action. In Texas, like in other states, conspiracy is taken seriously. But, it’s also a complex charge that requires certain elements to be in place for a conviction.

The Three Essential Elements

Three crucial elements must be present to prove someone guilty of criminal conspiracy in Texas:

  1. An agreement between two or more people.
  2. An intent to commit a crime.
  3. An overt act carried out in furtherance of the conspiracy. For instance, just discussing a plan isn’t enough. But if one person buys equipment or supplies to move the plan forward, that could count as an “overt act.”

Differences Between Conspiracy and The Actual Crime

It’s important to understand that being charged with conspiracy in Texas is separate from being charged with the crime that’s being conspired. Even if the crime wasn’t completed, individuals involved can still face conspiracy charges. It underscores the weight Texas places on the intention to commit a crime and the actions taken in its pursuit.

Consequences of a Conspiracy Conviction in Texas

In the vast and diverse legal landscape of Texas, conspiracy convictions carry their distinct set of repercussions. The state has a unique approach in determining penalties for those found guilty of criminal conspiracy. In most situations, the penalty for a conspiracy conviction is pegged one category lower than the crime that was initially conspired. For instance, if the original plan was to execute a first-degree felony, the conspiracy charge could very well fall under a second-degree felony. This demotion in the severity of the charge is a measure to distinguish between planning and committing a crime.

However, it’s important to understand that this general rule doesn’t always apply uniformly. Various factors come into play, including the nature of the crime, the role one played in the conspiracy, and other circumstantial details. Sometimes, the difference of a degree can mean substantial differences in potential penalties. It’s imperative to familiarize oneself with these nuances, especially if you or a loved one is navigating such charges.

Defending Against Conspiracy Charges

If you find yourself facing conspiracy charges, it’s crucial to know your rights and the defenses available to you. Remember, mere talk without concrete action might not be enough for a conviction. Plus, if it can be proven that you withdrew from the conspiracy before an overt act was carried out, this could be a potential defense. Our team is here to help, working closely with you to evaluate the evidence and chart the best course of action.

Have You Been Charged with Criminal Conspiracy?

Being charged with criminal conspiracy can be daunting, but understanding the law is the first step to navigating the situation. If you or someone you know faces such charges, it’s crucial to get legal assistance right away. Call Barbieri Law Firm today at 972-424-1902 or contact us online to schedule a consultation with our Texas criminal attorneys.