Charleston Conspiracy Lawyer

Prosecutors often use conspiracy charges as a dragnet to implicate several defendants for a single criminal act, even if those defendants only participated minimally. The State might then use those pending charges as leverage to pressure defendants into testifying against the main perpetrator.

If you are caught up in a conspiracy dragnet, do not assume that a prosecutor will treat you favorably if you consent to testify. You can best protect your rights by retaining a skilled Charleston conspiracy lawyer. Our team of criminal defense attorneys has experience fighting for individuals charged with conspiracy or other crimes.

What Constitutes Criminal Conspiracy?

South Carolina prosecutors can bring criminal conspiracy charges under S.C. Code Annotated § 16-17-410 even if no crime has been committed. An agreement between two people to do something that would accomplish an unlawful act, such as setting up a sale of illegal drugs, can be treated as a conspiracy under the law even if the sale never occurred.

A Charleston attorney closely analyzes the specific elements of a conspiracy indictment to determine whether the parties accused of the crime actually formed an explicit or implicit agreement, whether they intended to carry out the planned illegal act, and whether both parties were aware that the planned activity would violate a law.

Unlike prosecutions under federal conspiracy laws, a South Carolina prosecutor does not need to show that either party took a concrete step or act to advance the criminal plan. The agreement is sufficient in itself to justify a conspiracy charge. Regardless, if a prosecutor fails to show an agreement or prove any other elements of an indictment beyond a reasonable doubt, an attorney could fight to get conspiracy charges dismissed.

What Are the Penalties for a Conspiracy Conviction?

At a basic level, conspiracy convictions can lead to prison sentences of up to five years and a possible $5,000 fine. Conspiracies to commit certain types of crimes can lead to longer terms of incarceration, including up to 30 years for agreements involving kidnappings, and lengthier sentences for serious drug crimes.

Even if your involvement was minor and you avoid a prison sentence for a conspiracy conviction, that verdict will appear on your criminal record as a felony conviction. That conviction will have serious adverse effects on your housing and employment prospects and will remove certain constitutional rights, including your right to bear arms. A Charleston lawyer experienced in challenging conspiracy allegations could work to protect your future and rights.

How Might a Lawyer Challenge Conspiracy Charges?

A seasoned Charleston attorney develops defenses based on the specific facts of each conspiracy case. Depending on the facts of your situation, your attorney might argue that:

• You opted out of an opportunity to do something unlawful before you and other parties reached any agreement
• You were only speculating or joking and never formed any serious intent to commit a criminal act
• Law enforcement authorities entrapped you into engaging in a conspiracy with other individuals they were targeting
• You were in the same area or were merely present where people were planning a crime, but you never participated in the planning

Your first response to conspiracy or other charges should be to contact an attorney before you speak with any law enforcement authorities, as they will try to get you to say something that impedes your possible defenses.

Contact a Charleston Attorney About Conspiracy Charges

If you are facing conspiracy charges, you should seek support from a Charleston conspiracy lawyer. Call South Carolina Criminal Law today for a complimentary case evaluation to begin building an aggressive defense.