People who plan to commit a crime do not always go through with it. One thing they may wonder is whether refraining from going ahead will leave them free of worries about facing a criminal charge.
The reality is that you do not need to actually commit the crime to face charges over it. Here is why.
Conspiracy to commit a crime
While you cannot be charged with, for example, a robbery if the robbery you planned never occurred, you could face another charge if your plan were discovered. That charge would be conspiracy to commit the specific offense.
In many states, conspiracy requires that at least one concrete action was taken to forward the undertaking of the criminal act. Examples include:
- Securing a weapon or ammunition to be used in the intended crime
- Securing a vehicle to be used in the intended crime
- Physically scouting the location where the crime would happen
It may not matter who took the action, either. Co-conspirators could be charged if just one of them took that step to further the crime.
Florida does not require this concrete action
Things are stricter in Florida. There is no requirement for anyone to take an action. A conspiracy charge may be brought as long as two things are true:
- You intended to commit the crime
- You agreed with someone else to commit the crime
Nevertheless, any action taken will help the prosecution to prove the intent existed. Prosecutors might try to use an innocent action to allege that intent existed. For example, they may claim that when you booked a hire van to move some furniture for your parents, you were actually hiring it to use in the crime they alleged you were conspiring to commit.
Experienced legal guidance is essential if you find yourself in such a situation. Conspiracy charges — with or without the commission of the crime — can lead to long periods of incarceration and more.
