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Conspiracy Charges in Texas: Legal Consequences and Defense Options

Graham Norris

I founded Norris Legal Group to advocate for people who have been accused of a crime.

Have you ever thought that a simple mistake could turn into a life-changing legal nightmare? In Texas, that’s exactly what can happen with conspiracy charges. What might seem like a minor offense can quickly become a serious felony, threatening your freedom, your job, and your future. In cases like this, you need a Fort Worth federal crimes lawyer by your side.

Conspiracy charges in Texas are more common and more serious than many people realize. They can turn a shoplifting case into a felony, or make a small-time drug offense into a major criminal case. Even if you didn’t physically commit a crime, just agreeing to be part of one could land you in big trouble.

This article will break down what conspiracy charges mean in Texas, how they’re different from other states, and why prosecutors often use them. We’ll explore the tough consequences you might face and the ways a good lawyer can fight these charges.

What Are Conspiracy Charges in Texas?

In Texas, conspiracy charges often fall under the umbrella of “engaging in organized criminal activity.” This legal concept is broader and potentially more serious than many people realize.

Graham Norris, founder of Norris Legal Group, says that it’s surprisingly easy to get wrapped up in what a court might view as a conspiracy.

“For Texas, the most common charge is engaging in organized criminal activity, and that is when two or more people are involved in a crime,” Norris says. “The crime itself can be almost any crime. The conspiracy charge enhances the punishment range.”

Key elements of conspiracy charges in Texas include:

  • Involvement of two or more individuals
  • Agreement to commit a crime
  • At least one overt act towards committing the crime
  • Knowledge of the criminal nature of the agreement

It’s important to note that Texas conspiracy laws differ from federal ones. While federal charges can be quite vague, Texas laws typically require more specific elements to be proven.

What Texas Law Says About Criminal Conspiracy

So what exactly does the Texas criminal code say about conspiracy? According to Section 15.02 of the Texas Penal Code, for a criminal conspiracy to exist, two things must happen:

  1. A person must agree with one or more other people to commit a felony.
  2. At least one person in the group must do something (called an “overt act”) to move the plan forward.

It’s important to note that the law doesn’t require anyone to say “I agree” out loud. The agreement can be figured out based on how people act.

The law also lists several things that don’t work as defenses against conspiracy charges:

  • It doesn’t matter if some people in the group can’t be held responsible for the crime.
  • You can still be charged even if other people in the group were found not guilty (as long as at least two people weren’t found not guilty).
  • It doesn’t matter if some people in the group haven’t been charged or were charged with something else.
  • You can be charged even if you’re in a group of people who usually can’t commit the crime alone.
  • You can be charged with conspiracy even if the planned crime never actually happened.

The seriousness of a conspiracy charge depends on the crime that was planned:

  • It’s usually one level below the planned crime. For example, if the planned crime was a first-degree felony, the conspiracy charge would be a second-degree felony.
  • If the planned crime was a state jail felony (the lowest level of felony in Texas), then the conspiracy charge would be a Class A misdemeanor.

The complexities of this law show why it’s so important to have an experienced Fort Worth criminal defense lawyer fighting for you.

Legal Consequences of Conspiracy Charges in Fort Worth

The legal ramifications of conspiracy charges in Texas can be severe, often surpassing what many defendants anticipate.

“Let’s say you go into a store and steal merchandise worth $150 – that would be a Class B misdemeanor,” Graham says. “But if you had a lookout or a getaway driver, it can be charged as engaging in organized criminal activity. That elevates it to a felony.”

This enhancement of charges can lead to:

  • Significantly increased fines
  • Longer potential jail or prison sentences
  • Lasting impact on employment and housing opportunities
  • Potential loss of certain civil rights, such as the right to vote or own a firearm

With consequences this severe, your first call should be to a Fort Worth criminal defense attorney.

Common Scenarios Leading to Conspiracy Charges

Conspiracy charges in Texas can arise from a wide range of situations, often catching defendants off guard. While the specific circumstances can vary greatly, there are some common scenarios that frequently lead to these charges.

Shoplifting Rings

One of the most straightforward examples involves coordinated shoplifting efforts. What might start as a simple theft can quickly escalate to a felony charge if there’s evidence of a criminal organization.

Drug-Related Offenses

Drug crimes are another area where conspiracy charges frequently come into play. These can include:

  • Coordinated drug manufacturing operations
  • Distribution networks involving multiple parties
  • Organized drug trafficking across state lines

White-Collar Crimes

Conspiracy charges aren’t limited to street crimes. They’re often applied in white-collar cases involving:

  • Embezzlement schemes with multiple participants
  • Coordinated fraud operations
  • Insider trading rings

Other Examples

Conspiracy charges can also arise in cases involving:

  • Organized robbery or burglary operations
  • Human trafficking networks
  • Large-scale identity theft operations

Texas vs. Federal Conspiracy Charges: Key Differences

Federal and Texas conspiracy laws differ significantly in their approach and requirements.

Federal Conspiracy

Federal conspiracy laws tend to be more vague than in Texas. “Conspiracy at the federal level can be as simple as participating with at least one or more people when you knew or should have known about the criminal conduct that was going to be carried out,” Graham says.

According to 18 US. Code section 371: “If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy,” they can be charged with federal conspiracy.

It’s a broad and flexible definition. You can be charged if you knew or should have known about the illegal activity.

Texas Conspiracy

On the other hand, Texas law is more specific:

  • Requires a specific agreement to commit a felony
  • Must have an “overt act” furthering the conspiracy
  • Intent to commit a felony must be proven

Defense Strategies for Conspiracy Charges

When facing conspiracy charges in Texas, a strong defense is crucial. The right strategy can mean the difference between a conviction and an acquittal. Here are some effective approaches that experienced attorneys often employ:

  • Challenging the evidence of agreement: Prosecutors must prove that an actual agreement existed between the alleged conspirators. A knowledgeable defense attorney can often cast doubt on this element.
  • Proving lack of knowledge or intent: If you can demonstrate that you were unaware of the criminal nature of the activities, it can be a powerful defense.
  • Demonstrating withdrawal from the conspiracy: Showing that you took clear steps to remove yourself from the conspiracy before the crime was committed can be an effective strategy.
  • Questioning the credibility of witnesses: Often, conspiracy cases rely heavily on testimony from co-conspirators. A good defense attorney will scrutinize these witnesses and their motivations.
  • Suppressing illegally obtained evidence: If law enforcement violated your rights during the investigation, it might be possible to have certain evidence thrown out.

Why Choose Norris Legal Group for Your Defense

When it comes to defending against conspiracy charges in Texas, experience and local knowledge matter. Norris Legal Group brings a wealth of expertise to the table, particularly in the Fort Worth, Arlington, and Tarrant County areas.

Understanding of Texas and Federal Law

Graham has a comprehensive grasp of both federal and state conspiracy laws. This nuanced understanding allows Norris Legal Group to achieve remarkable results for their clients in both state and federal court.

Proven Track Record

The firm has a history of securing dismissals and not guilty verdicts in complex cases. This track record is crucial when facing serious charges that could dramatically alter your life.

Personalized Approach

Every case is unique, and Norris Legal Group treats it as such. They take the time to understand the specifics of your situation and tailor their defense strategy accordingly.

Local Court Knowledge

Familiarity with local courts and judges can be a significant advantage. Norris Legal Group’s experience in the Fort Worth, Arlington, Tarrant County, and the Northern District of Texas provides valuable insights that can influence case strategy.

Don’t Face Conspiracy Charges Alone – Get a Fort Worth Federal Crimes Lawyer on Your Side

If you or a loved one are facing conspiracy charges in the Fort Worth, Arlington, or Tarrant County area, time is of the essence. The sooner you secure experienced legal representation from a Fort Worth federal crimes attorney, the better your chances of a favorable outcome.

Contact Norris Legal Group today for a confidential consultation. Our team of skilled attorneys is ready to put their expertise to work for you, providing the robust defense you need in these challenging times. Don’t let conspiracy charges derail your life – reach out now and take the first step towards protecting your future.

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Meet the Attorneys

Principal Attorney Graham Norris is an award-winning defense attorney and former Tarrant County prosecutor. Graham has earned countless dismissals and not guilty verdicts on charges ranging from misdemeanor assault to felony murder. Over the past decade, Graham has been recognized by Fort Worth Magazine as a Top Attorney, Texas Monthly Super Lawyers as a Rising Star, and named to The National Trial Lawyers Top 40 Under 40. 

Kyle Fonville, Attorney Of-Counsel 

Graham Norris, Principal & Founder

Of-counsel Attorney Kyle Fonville is a trial and appellate attorney who graduated first in his class from Texas Wesleyan University School of Law (now Texas A&M University School of Law). He is admitted to practice before all Texas courts, the Fifth Circuit Court of Appeals, as well as the District Courts for the Northern, Eastern, and Western Districts of Texas.

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