In Maryland, criminal conspiracy is a serious charge with significant legal consequences. State law on conspiracy is based on the specific alleged crimes instead of having a separate set of laws addressing conspiracy. Conspiracy charges can be difficult to defend because they are considered inchoate or incomplete crimes.
It is crucial to recognize what constitutes criminal conspiracy, how it is prosecuted, and the possible penalties for guilty individuals. This article aims to provide that information so that you can better protect your rights and avoid significant legal consequences.
What is Criminal Conspiracy?
Criminal conspiracy involves two or more individuals agreeing to commit an illegal act. Unlike other crimes, the focus of a conspiracy charge is the agreement itself, not the completion of the criminal act. Under Maryland law, a conspiracy charge can be brought if there is evidence of an agreement to engage in criminal activity. Unlike many other states and the federal government, a criminal conspiracy does not require an overt act. The crime is complete upon the formation of the agreement.
In Maryland, conspiracy charges can vary based on the type of the agreed-upon crime. Common types of conspiracies include:
- Conspiracy to Commit Murder
- Conspiracy to Commit Robbery
- Conspiracy to Commit Theft
- Drug Conspiracy
Elements of Criminal Conspiracy
To get a conviction for criminal conspiracy in Maryland, the prosecutor must prove several critical elements beyond a reasonable doubt.
- Agreement — Two or more individuals must agree to commit a criminal act. The deal doesn’t have to be formal or written; it can be inferred from the actions of the involved parties.
- Intent—All involved parties must intend to complete the conspiracy’s objective. This means they must have a clear, shared purpose in committing the crime.
Prosecution and Evidence
To prosecute a criminal conspiracy charge, the prosecution doesn’t even have to prove you did anything, only that you agreed to do it. They often rely on indirect evidence. Some various forms of evidence the prosecutor may use to prove the existence of a conspiracy include:
- Communications such as text messages, emails, phone calls, and other forms of communication can demonstrate an agreement between conspirators.
- Witness testimony from co-conspirators, victims, or other witnesses can provide insight into the nature of the conspiracy.
- Surveillance, such as videos, pictures, or other surveillance evidence, can show the conspirators meeting or engaging in activities related to the conspiracy.
- Financial records like bank statements, transaction records, and other financial documentation can indicate the movement of funds related to the conspiracy.
Penalties for Criminal Conspiracy Charges in Maryland
Criminal conspiracy charges in Maryland can be severe and are tied to the crime that was the object of the conspiracy. The punishment for the criminal conspiracy charge cannot exceed the maximum sentence for the crime they conspired to commit (MD. Criminal Law Code § 1-202 (2023)). All criminal conspiracies in Maryland are classified as non-violent misdemeanors, regardless of the status of the predicate offense.
Penalties for criminal conspiracy charge in Maryland can include:
- Imprisonment — Depending on the severity of the conspiracy and the underlying crime, convicted individuals can face lengthy prison sentences. For example, a conspiracy to commit murder can result in a sentence equivalent to that of a murder conviction.
- Fines—Convicted individuals may be required to pay substantial penalties as part of their sentence. The amount of the fines varies depending on the circumstances of the case and the underlying crime.
- Probation — Sometimes, an individual may be sentenced to probation instead of, or in addition to, prison time. Terms of their probation can include regular check-ins with a probation officer, drug testing, and other conditions to prevent further criminal activity.
- Criminal Record — A conviction for criminal conspiracy results in a permanent criminal record. This record can have long-lasting effects on an individual’s personal and professional life, impacting employment opportunities, housing applications, and more.
- Restitution — In some cases, individuals convicted of conspiracy may be required to pay restitution to victims to compensate for losses or damages resulting from the conspiracy.
Turn to Jeremy Widder Law for Top-Notch Legal Representation for Your Criminal Conspiracy Charge
Criminal conspiracy charges in Maryland are severe and can carry significant consequences. If you or someone you know is involved in a conspiracy investigation or charge, seeking the counsel of a knowledgeable criminal defense attorney is crucial. An experienced attorney can help you navigate the legal complexities and work towards the best possible outcome, safeguarding your rights and future.
Jeremy Widder Law provides top-notch legal services backed by years of experience. We understand that facing criminal conspiracy charges can be scary. We will listen to you and advocate for you from start to finish. When you trust your case to our team, you take the first step toward the outcome you’re looking for.
Contact us today for a consultation.
