A conspiracy charge occurs when you are accused of cooperating with others to commit a criminal offense. This charge is often brought by a prosecutor when multiple people are allegedly involved in a crime. In some cases, the charge may even happen when there is little evidence of a conspiracy and the prosecutor is simply overreaching. No matter the evidence, you have the right to present a strong defense of your criminal case. A Toledo conspiracy lawyer is prepared to take your case and present a defense. Consult our skilled criminal attorneys to learn more about how to protect your rights.
A person commits the offense of conspiracy when they meet certain elements of the offense as listed under Ohio Revised Code § 2923.01. The state must prove that, in the furtherance of certain offenses, the person charged did either of the following:
The agreement element may be inferred by the acts of the parties. Even if there is no verbal statement of agreement to commit an offense, the acts of planning the offense and coordinating their efforts can imply that an agreement occurred to commit that offense. A Toledo conspiracy attorney could help an individual rebut the prosecution’s case through persuasive arguments and evidence.
The prosecutor is not required to prove that the conspiracy was successful. It is enough to prove that the individual took an “overt act” in furtherance of the conspiracy. An overt act may include planning, driving, purchasing materials for an offense, or any other act contributes to the successful execution of the proposed offense. Prosecutors can use many different actions on the part of the defendant to attempt to prove this element.
State law designates that only certain crimes are eligible for a charge of conspiracy. The primary crimes on this list include:
These specific offenses qualify for an attached conspiracy charge if one is appropriate.
Certain affirmative defenses specific to conspiracy charges may be useful in a person’s case. If a conspirator abandons the conspiracy by informing the other conspirators or law enforcement of the abandonment, there is a higher chance that they can be found not guilty of the charge.
If the conspirator thwarts the offense by completely renouncing the criminal intent behind the act, that is also a potential avenue to achieve a not guilty verdict. A conspiracy lawyer in Toledo has the knowledge and experience to effectively prove these cases, which is why it is important to call one as soon as possible.
A conspiracy charge is an incredibly serious matter. Not only is it often attached to another criminal offense but it carries its own severe penalties as well. You need to present a strong defense and protect your constitutional rights. A Toledo conspiracy lawyer is ready to help you fight back against these charges. Contact us today.