The Law on Conspiracy and its Punishments in Texas
Conspiracy typically refers to an action, which comprises at least three persons putting a coordinated effort for the commission of an overtly criminal offense like stealing a vehicle or robbing a bank. The act is frequently characterized as a criminal offense itself. However, it is also considered as a less severe crime on several occasions as compared to the crime, which the people planned to commit.
Conspiracy in Texas
In Texas, a criminal conspiracy has been defined as the intention of committing a felony by planning with at least one other person so that the felony can be committed. Plus, the individual being charged should have performed an overt act according to the conspiracy agreement or plan. According to the criminal conspiracy law of Texas, the police can arrest a person in case they have sufficient reasons to believe that the former had agreed with another individual for the commission of a felony offense.
Also, apart from agreeing, the prosecution of the state has to also establish that the person concerned did an overt act to further that agreement.
Thus, an individual is said to have committed criminal conspiracy when there was an intention of committing a felony and;
- He/she agrees with at least 1 other person that all of them or one or some of them get involved in the conduct, which should comprise the offense and
- Either one or some or all of the conspirators do an overt act to pursue the agreement.
Whether an agreement constituted of a criminal conspiracy or not can be inferred from the actions of the parties.
Laws in the state of Texas does not make it essential for a defendant or defendants to demonstrate an actual written or verbal conspiracy agreement entered into with 1 or more persons to be held guilty of the offense of a criminal conspiracy. Rather, the prosecutors can conclude that a conspiracy agreement existed from the actions of every individual who is part of that criminal conspiracy.
Possible defenses to the conspiracy charge cannot be used in Texas
The state of Texas prohibits using the defenses listed below though they may be used in some other American states:
- The crime that was conspired was committed in reality.
- At least one of the parties to the conspiracy is not responsible for the crime that took place.
- One of the accused parties of a conspiracy was absolved of the conspiracy charge. On the other hand, it can be a defense when at least two of the co-conspirators were absolved.
- At least one of the co-conspirators was guilty of a separate criminal offense.
- A minimum of 1 of the co-conspirators got immunity.
- At least one of the co-conspirators was not convicted or prosecuted for conspiracy.
- The individual falls under the category of a protected class that is not capable legally to commit the crime.
In Texas, the conspiracy is considered a Class A misdemeanor. It signifies that the offense is punishable by a maximum fine amount of 4,000 USD and/or a maximum jail term of 12 months.
The good news is that the prosecution of the state does not have to prove that the conspiracy agreement or plan was made in writing, as well as, its specific terms. If a person has been slapped with charges of criminal conspiracy in the state of Texas, it is advisable to get in touch with a reputable criminal defense lawyer as soon as possible. These lawyers can represent the defense in a proper manner, as they are familiar with such trials.