Conspiracy

Understanding the Crime of Conspiracy in Maryland

Conspiracy is a criminal act that involves the agreement or plan between two or more persons to commit a crime. In Maryland, a person can be charged with conspiracy even if the planned crime was not carried out. The intent to commit a crime is a critical factor in the establishment of a conspiracy charge. A person can be guilty of conspiracy to commit a crime, even if he or she does not participate in the intended crime.

Once a person enters into a conspiracy to commit a crime, he or she may be responsible to for all criminal acts of her co-conspirators, unless steps are taken to notify the police and stop the intended crimes from happening. An example of this would include four people who agree on robbing a clerk in a gas station. They talk about doing it; they pick a gas station to rob; and they pick a date to do it. One week before the robbery, one of them says, “I’m out, this is not right; someone might get hurt; we might go to jail for a long time.” But the other three say they are going to continue on with the plan. If the robbery is committed, the person who backed out might still be criminally responsible for the conspiracy to commit robbery because his participation in the original conspiracy arguably helped propel the other three with the inspiration and confidence to commit the crime.

Most often conspiracy is charged in cases involving two or more alleged perpetrators in a crime. For example, if two men forcefully steal a cell phone from a person sitting in a park, the two offenders will likely be charged with robbery and conspiracy to commit robbery.

Now imagine that the two men are standing in the park talking about robbing the man sitting in the park. They talk about how much they need a phone, and also about how they are going to approach the man and take his phone. Just when they say “Okay, lets go,” a group of school children approaches the area where the targeted victim is sitting. The two would-be robbers then say, “Hold on, there is two many people here; we can’t do this.” If a police officer was standing nearby and overhead the two men, the officer could charge them with conspiracy to commit robbery and conspiracy to commit theft because the two men entered into a conspiracy to do those crimes, even though they never actually committed the crimes.

Determining the Penalty for Conspiracy

Conspiracy in Maryland has no specific assigned penalty. Instead, the potential maximum penalty is whatever the penalty is for the crime that the was the goal of the conspiracy. For example, since the maximum penalty for misdemeanor theft is 18 months in jail, the potential penalty for conspiracy to commit theft would be 18 months in jail. Conspiracy is always a misdemeanor. Even conspiracy to commit murder is a misdemeanor.

However, it’s important to note that each case is unique and the court has some discretion in determining the appropriate punishment. Legal representation is crucial in these cases to ensure that the defendant’s rights are protected.

Legal Representation for Conspiracy Charges

If you or a loved one is facing a conspiracy charge in Maryland, it’s critical to have experienced legal representation by your side. The issues regarding the existence of conspiracy and the defenses to a conspiracy charge can be quite complex. There are alternatives to a conspiracy charge, such as being an accessory before the fact (of the crime) and being an accessory after the fact (of the crime). Even if guilt appears to be certain, there are many steps that can be taken to attempt a resolution that involves an ultimate dismissal of the charges and expungement. Each case, however, depends on the facts and circumstances of each particular event, and the available evidence. At Raquel Smith & David Martella, we understand the complexities of conspiracy law and will work tirelessly to defend your rights. Contact us to discuss your case.