In Texas, criminal conspiracy – or prepatory offenses – are agreements between two or more people to commit felony offenses. The law covers both the planning stages and actions taken toward criminal goals, even if the intended crime is never completed.

This guide examines the key elements of Texas conspiracy law, including how prosecutors prove conspiracy charges and potential penalties. We’ll explore the specific requirements for conspiracy charges and their implications in the Texas legal system.

Criminal Conspiracy in Texas: An Overview

Criminal conspiracy in Texas is a serious charge that can carry significant penalties. Chapter 15 of the Texas Penal Code defines it as an agreement between two or more people to commit a felony, coupled with an action taken toward that goal.

Here are the elements of a criminal conspiracy or prepatory offense in the state of Texas:

• Intent to commit a felony must be present for all parties involved
• An agreement must exist between at least two people to engage in criminal conduct
• At least one person must perform an “overt act” to further the conspiracy
• The agreement can be explicit or implied through actions
• The planned crime doesn’t need to be completed for conspiracy charges to apply
• A conspiracy charge is typically one category lower than the planned felony

How Prosecutors Prove Conspiracy in Texas

Here’s what you need to know about the prosecution’s approach and burden of proof.

Evidence of Agreement

Prosecutors don’t need a written or recorded agreement to prove conspiracy. They can use circumstantial evidence, including patterns of behavior, communications between parties, and actions that suggest coordination.

Overt Acts

An overt act doesn’t have to be illegal on its own. It could be as simple as purchasing legal items that could be used in the planned crime, conducting surveillance, or having meetings to discuss the plan.

Witness Testimony

Often, conspiracy cases rely heavily on testimony from co-conspirators who may have agreed to cooperate with law enforcement in exchange for leniency.

Important Facts About Criminal Conspiracy Charges

The Texas Penal Code includes several crucial provisions about conspiracy charges that might surprise many defendants.

• Conspiracy charges can stick even if your co-conspirators aren’t criminally responsible
• You can be convicted of conspiracy even if other conspirators are acquitted (as long as at least two people haven’t been acquitted)
• The fact that other conspirators haven’t been prosecuted or were convicted of different charges doesn’t affect your case
• You can be charged with conspiracy even if you couldn’t have committed the planned crime yourself
• Being charged with both conspiracy and the actual crime is possible – completing the crime isn’t a defense against conspiracy charges

Penalties for Criminal Conspiracy in Texas

In Texas, the severity of conspiracy charges is directly tied to the seriousness of the planned crime. Here’s what you need to know about potential consequences:

• Conspiracy to commit a first-degree felony is charged as a second-degree felony
• Conspiracy to commit a second-degree felony becomes a third-degree felony
• Conspiracy to commit a third-degree felony is charged as a state jail felony
• If the planned crime was a state jail felony, the conspiracy charge becomes a Class A misdemeanor
• Fines can reach up to $10,000 depending on the severity of the charge
• Prison sentences can range from up to one year for misdemeanors to up to 20 years for second-degree felony conspiracy charges

Contact Norris Legal Group for Conspiracy Defense

If you’re facing conspiracy charges in Tarrant County, working with experienced Fort Worth federal crimes attorney can be crucial for protecting your rights and achieving the best possible outcome. The criminal defense team at Norris Legal Group has extensive experience handling conspiracy cases and stays current with Texas law.

Contact Norris Legal Group today for a free consultation to discuss your case and explore your legal options. Our attorneys will evaluate your situation and help you understand the best path forward under Texas law.