CONSPIRACY IN PENNSYLVANIA

A person who did not directly commit a criminal act may be held just as culpable as the person committing the crime when prosecuted for conspiracy in Pennsylvania. Criminal conspiracy is often charged in connection with drug crimes and theft crimes. Even if you played a minor role in the overall scheme, you may face consequences as serious as the major participants in the crime itself. Additionally, if you join in a conspiracy to commit a crime, you can be charged with the offense even if the crime itself is never carried out.

If you are charged with conspiracy in Pennsylvania, it is critically important to hire an experienced criminal defense attorney who understands how to defend you against these allegations.

What is a criminal conspiracy in Pennsylvania?

The crime of conspiracy is referred to as criminal conspiracy in Pennsylvania, and is found at Title 18 Section 903 of the Pennsylvania Crimes Code. A conspiracy is an agreement between two or more persons to commit a crime. A person is guilty of conspiracy if the following elements are proven beyond a reasonable doubt:

  • Intent: The actor has the intent of promoting or facilitating the commission of a crime;

  • Agreement or Aid: The actor agrees with one or more persons that someone will engage in criminal conduct, or agrees to aid one or more persons in the planning or commission of a crime. In other words, two or more people must come to an understanding that they will act together to commit a crime; and

  • Overt Act: An act by any member of the conspiracy that would serve to further the goal of the conspiracy. The overt act can be criminal or noncriminal in itself, as long as it is designed to put the conspiracy agreement into effect.

There are several additional legal considerations found in Pennsylvania Standard Jury Instructions. First, the agreement element does not need to be a spoken or written agreement, or have to cover details about how the crime will occur. The agreement can be established through direct evidence or by circumstantial evidence. All that is required is some type of understanding that the parties agree to act together to commit a crime. Second, the agreement does not require all parties to actually participate in the crime itself. The parties can agree that only one person commit the actual crime.

However, an agreement to commit a crime is not enough. Nobody can be convicted of conspiracy unless someone involved does something more to advance the conspiracy. The overt act requirement is an act by any member of the conspiracy that would further the conspiracy itself, and it can be a criminal or non-criminal act. For example, if two individuals agree to break into a house, and purchase ski masks to cover their faces, the purchase of the ski masks will constitute an overt act to further the conspiracy.

Drug Conspiracy

Many conspiracy cases are drug conspiracy cases, whereby members of law enforcement seek to arrest anyone connected with a drug related enterprise. An individual charged with a drug conspiracy will face the same penalties as the actual drug dealer themselves. For example, an individual who does not directly sell drugs, but who helps a drug dealer sell drugs may find himself or herself charged with a crime. Examples of individuals who could be charged with a drug conspiracy may include:

  • The actual drug dealer;

  • Individuals who arrange for the sale or distribution of narcotics, even if they do not conduct the actual drug deal themselves;

  • Individuals who transport drug dealers to and from drug deals;

  • Individuals who lend their vehicles to drug dealers for cash, so that the drug dealer can conduct sales.

Theft Conspiracy

Many conspiracy cases are in the context of theft and other financial related crimes. Typically, when two or more people are involved in a burglary, theft, or other financial crime, they will also face a conspiracy charge as well. Examples of individuals who have been charged with theft conspiracy offenses include:

  • An individual who personally commits a burglary or theft offense;

  • An individual who pawns stolen goods at a pawn shop on behalf of a person who actually stole items;

  • An individual who transports another individual to or from the location where a theft or burglary occurred;

  • An individual who is in possession of goods stolen by another individual;

  • An individual who uses stolen credit card numbers or fake checks provided by another individual, who actually obtained the numbers or checks illegally.

What are defenses to conspiracy?

There are several potential defenses for conspiracy, which may include:

  • Lack of Intent: The Commonwealth must prove that the accused person had specific intent to commit the crime that they agreed to commit. Without proof of this intent, the Commonwealth cannot prove that you committed a conspiracy beyond a reasonable doubt.

  • Mere Presence or Knowledge of Criminal Activity Insufficient: PA jury instructions establish that a person cannot be convicted just for being present with others, or for knowing what other individuals planned or were doing. There must be specific proof of an agreement between the person charge and those other individuals to act jointly and that the accused person intended for the ultimate crime to be committed.

  • Renunciation: A person who engages in a conspiracy can defend against the crime if he or she thwarted the success of the conspiracy under circumstances showing a complete and voluntary renunciation of criminal intent. Or in other words, if the person changes their mind and prevents the conspiracy from succeeding, this can serve as a defense to the charge. However, this change of heart cannot occur simply because an accused person is about to be caught by police.

Steps to take if you have been charged with or are being investigated for Conspiracy in Pennsylvania

If you have been charged with or are under investigation for conspiracy in Pennsylvania, it is important that you hire a qualified criminal defense attorney immediately. Do not talk to police or anyone else but an attorney about the situation you are facing, as these statements can be used against you in court.

Attorney Dave Zuckerman of the Zuckerman Law Firm has prosecuted and defended those accused of conspiracy in a wide array of settings, including drug conspiracy, theft conspiracy and assault conspiracy cases. If you are charged with conspiracy in Pittsburgh or Western Pennsylvania, call our office at 412-447-5580 for a free telephone consultation.