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Conspiracy is a serious criminal offense that can be charged at either the federal or state level. All a prosecuting attorney needs to charge conspiracy is an agreement to commit a crime and an overt step towards that end. It does not matter what the actual outcome was (unless you managed to renounce the conspiracy).

If prosecutors have charged you with conspiracy, you need legal help from an experienced Chicago conspiracy lawyer. Reach out to Price Benowitz today for a free case evaluation with one of our seasoned criminal defense attorneys.

What Is the Definition of Conspiracy?

In Illinois, 720 Illinois Compiled Statutes 5/8-2 defines conspiracy as an agreement between two or more people to commit a crime when at least one of them takes an overt act in furtherance of that agreement. The law does not require a written or formal agreement. Prosecutors often rely on circumstantial evidence to prove a conspiracy. The overt act can be minor, such as purchasing materials or planning logistics.

Importantly, the conspirators do not need to have completed the crime itself to be charged; the conspiracy alone is punishable. The severity of the charge typically matches the penalty for the underlying offense they have conspired to commit, except for first-degree murder, which has enhanced penalties.

Conspiracy charges provide prosecutors with broad discretion to bring charges for a wide range of alleged conduct. They do not even have to charge you with the crime that was the object of the conspiracy. Many people can face charges as part of a conspiracy, and each may have a motivation to speak with the prosecutor. Do not make the mistake of thinking that you will not face consequences because the alleged underlying crime never happened. If you think you could be charged with conspiracy, consult a Chicago attorney as soon as possible.

What Is an Overt Act in a Conspiracy Charge?

An overt act in a conspiracy charge is any action taken by one or more of the conspirators to help carry out the agreed-upon crime. Under state law, the act does not need to be illegal or significant. It simply must show progress toward committing the offense. Examples include buying supplies, making phone calls, or scouting a location.

The purpose of requiring an overt act is to demonstrate that the conspiracy moved beyond mere planning or discussion. Even if the conspiracy was never executed, this overt act confirms the conspirators intended to commit an offense. Proving the overt act is essential to sustaining a conspiracy charge. If you are charged with conspiracy, it is essential to speak with a Chicago defense attorney in order to understand your legal position.

Legal Challenges of Proving Conspiracies

Conspiracy charges present uphill legal battles for the prosecution because these cases often rely on indirect or circumstantial evidence. Prosecutors may often try to prove a conspiracy based on nothing more than a nod of the head, eye contact, or body language. They then combine this with weak evidence, such as recounting verbal conversations or citing known associates of the accused, rather than direct proof of a crime.

Another issue is that a defendant can be found responsible for actions taken by other conspirators. As dedicated Chicago defense lawyers, we relentlessly advocate for our clients’ rights, but conspiracy charges frequently involve areas of legal uncertainty. However, the aspect that favors the defendant is that establishing the existence of an implied or verbal agreement is challenging.

Prosecutors use the testimony of informants or co-conspirators to build their cases. What often happens in conspiracy cases is that each co-conspirator is focused primarily on protecting themselves, and those who accept early plea deals often fare better in terms of potential punishment.

Building a Strong Defense Against Conspiracy Charges

The objective of a Chicago conspiracy attorney is to formulate a tailored and strategic defense. Often, a lawyer’s first line of defense is challenging the existence of an agreement. Again, prosecutors must prove that two or more people were fully aware of the agreement to commit a crime. Another tactic used by defense attorneys is to dispute the alleged overt act and argue that any actions taken were not in furtherance of a crime.

Lawyers may also assert defenses such as lack of intent, withdrawal from the conspiracy before the crime occurred, or mistaken identity. Because conspiracy charges often rely on circumstantial evidence and witness testimony, proactive defense attorneys focus on undermining the credibility of the prosecution’s case. A dismissal, reduced charge, or plea bargain that works to your benefit is more likely when you hire an experienced lawyer immediately.

Call a Chicago Conspiracy Attorney for Help With Your Case

Conspiracy cases carry serious penalties. Do not wait to get the legal representation you need. Contact Price Benowitz today for a confidential, free case evaluation with an experienced, trustworthy Chicago conspiracy lawyer.

Let a dedicated law firm build a strong defense on your behalf. Your future deserves steadfast advocacy.