Criminal conspiracy is a serious charge that may be prosecuted on both the federal and state levels. If you were recently arrested for this offense in Dayton, Ohio, you’ll need an experienced criminal defense lawyer to represent your rights and interests.
Suhre & Associates, LLC, is one of the area’s most well-regarded criminal defense law firms. Our Dayton conspiracy lawyers have over 100 years of combined experience, and we’ve helped clients achieve successful outcomes even when up against the most severe charges.
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How Suhre & Associates, LLC, Can Help With Criminal Conspiracy Charges in Dayton
Conspiracy is unique in that a prosecutor can secure your conviction even if no person was harmed due to your actions. Instead, they need only demonstrate (in some cases) that you planned to commit an offense with another person and that someone involved took some action in furtherance of that plan.
Because of these attributes, criminal conspiracy charges must be taken seriously and sometimes require careful analysis to form an effective defense. The trusted Dayton criminal defense lawyers with Suhre & Associates, LLC, are more than up to the task. Our legal team includes former prosecutors and police officers – giving us inside knowledge of how the opposition pursues its cases. If you hire us, we can help by:
- Thoroughly assessing the prosecution’s case and evidence against you
- Conducting our own investigation into your case with the help of experts if necessary
- Working to have your charges reduced or dismissed via negotiations with the prosecution
- Taking your case all the way to a trial in front of a Montgomery County jury if the circumstances call for it
Reach out to our law office in Dayton, OH, today to learn more about how we can help you fight back against your criminal conspiracy charges. Your initial consultation is free of charge.
A Brief Overview of Criminal Conspiracy Law
There are federal and state laws that pertain to criminal conspiracy. The primary Ohio law that applies to this offense is Section 2923.01 of the Ohio Revised Code. This statute describes the elements of the crime as well as its associated penalties, among other considerations.
To convict a person of criminal conspiracy in Dayton, Ohio, the prosecution must generally prove that:
- You planned or helped plan the commission of a crime with at least one other person
- There was an agreement made between you and the other person(s) that at least one of you would engage in conduct that facilitates the commission of the crime
- At least one person involved in the alleged conspiracy made a substantial overt act in furtherance of the commission of the crime
The prosecution must prove these elements “beyond a reasonable doubt” to secure a conviction, the highest burden of proof standard in the law. Importantly, the prosecution need not demonstrate that the underlying crime was actually committed.
Conspiracy charges can only arise from certain kinds of underlying offenses. These include, but are not limited to:
- Felony drug offenses
- Promoting prostitution
In some instances, multiple underlying crimes may be related to the alleged conspiracy. However, as long as the alleged agreement pertains to each of them, the prosecution can only bring one conspiracy charge.
Regarding federal law, 18 U.S. Code § 371 is the primary statute that relates to criminal conspiracy. Under this section of the U.S. Code, it is illegal to conspire to commit a crime against the federal United States government or any federal agency. Like with the state statute, at least one alleged conspirator must perform an act in furtherance of the underlying crime.
What Penalties Can Result From a Conspiracy Conviction in Dayton, Ohio?
The penalties the criminal justice system may impose for a criminal conspiracy conviction are largely based on the alleged underlying offense. In Ohio, there are five “degrees” of felony charges and four “degrees” of misdemeanor charges, though some crimes fall into their own separate categories. Within the “degrees” system, first-degree charges are the most serious.
For instance, first-degree felony charges may result if the underlying crime is aggravated murder, murder, or an offense for which the maximum penalty is life in prison. The penalties for a first-degree felony in Ohio are 3-11 years in prison and a $20,000 fine. However, certain factors can add an extra 10 years of imprisonment if they are present.
If the underlying offense is a first, second, third, or fourth-degree felony, the conspiracy charge will be one degree below that offense. For example, if the underlying crime is a fourth-degree felony, the conspiracy charge will be a fifth-degree felony. Fifth-degree felonies carry a potential penalty of six months to a year in prison and a $2,500 fine.
In case the underlying offense is a fifth-degree felony, the conspiracy charges will usually be a first-degree misdemeanor.
What Defenses Are Available to Me in Response to Conspiracy Charges in Dayton?
There are many ways to defend against criminal conspiracy charges in Dayton. Some of these are provided in Section 2923.01 and include the following:
- You thwarted the success of the conspiracy to the extent that your actions demonstrate a complete and voluntary renunciation of the conspiracy’s purpose
- You abandoned the conspiracy before it was carried out, either by informing all others involved of your decision or alerting law enforcement
As discussed above, the prosecution must assert every element of your conspiracy charges beyond a reasonable doubt. They must supply substantial evidence in support of each element, leaving room for a skilled Dayton criminal defense attorney to fight back. Additional defenses you might raise include:
- Some of the evidence against you was gathered in violation of your constitutional rights
- There was not a substantial overt act made in furtherance of the underlying crime
- You did not enter into an agreement with another person to commit a crime
- You made no efforts to plan or help plan to commit a crime
Ultimately, the defenses best suited for your case will depend on the facts and circumstances involved. If you choose Suhre & Associates, LLC, to represent you, we can dedicate the necessary resources and attention to determine your best course of action.
Contact Us for a Free Consultation With an Experienced Dayton Conspiracy Attorney
If you’ve been charged with criminal conspiracy in Dayton, OH, you must act fast to protect your legal rights. You’re innocent until proven guilty, but that won’t stop the prosecution from making every effort to demonstrate your culpability.
If you hire the experienced Dayton conspiracy attorneys with Suhre & Associates, LLC, you’ll have an award-winning legal team in your corner to defend you every step of the way. We’ll work hard to have your charges dismissed or reduced if possible, and we’ll keep you up to date on your case’s status and your legal options at all times.
Call us today at (937) 531-0435 to schedule a free consultation and to learn more about what we can do in support of your case.