Experienced Massachusetts Conspiracy Lawyer Ready to Defend Your Charges
Table of Contents
What is Criminal Conspiracy?
Conspiracy is defined as an agreement between two or more persons to commit a crime with the shared intent that the crime be committed. Conspiracy is separate and distinct crime that is most often charged in connection with the conspired target offense. Under Massachusetts criminal law, the crime of Conspiracy may be found at Massachusetts General Laws, Chapter 274, Section 7.
Legal Elements of Conspiracy
In order to be found guilty of Conspiracy under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- (1) that the defendant joined in an agreement or plan with one or more other persons;
- (2) that the purpose of the agreement was to do something unlawful or something lawful by unlawful means; and
- (3) that the defendant joined the conspiracy knowing of the unlawful plan and intending to help carry it out.
In Massachusetts, when a defendant is found not guilty of the substantive or “underlying” offense, he or she can still be prosecuted for conspiracy. Furthermore, for the defendant to be convicted of the conspiracy charge, the state must show that the defendant participated in the conspiracy. Knowledge alone is insufficient to sustain a conviction. There is also no requirement of an “overt act,” and participation can be proven by the defendant’s conduct and reasonable inferences.
However, the defendant must have participated in or aided the substantive offense committed by a co-conspirator in order to be charged with that substantive offense. Lastly, if the defendant and other co-conspirators are tried in the same trial, acquittal of all other co-conspirators will bar the defendant from being convicted. But this will not apply if they were tried separately.
Drug Conspiracies
Where drug conspiracies are alleged, members of the conspiracy become liable for the total type(s) and quantities of drugs distributed among and between them. Since drug type and quantity are directly related to punishment, and often mandatory minimum jail sentences, a conspiracy charge can increase one’s overall criminal liability and exposure to enhanced sentences.
Potential Punishment if Convicted of Conspiracy in Massachusetts
The potential consequences for Conspiracy, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 274, Section 7.
In the Commonwealth the potential consequences of vary depending on the maximum penalty of the crime which was the object of the Conspiracy.
Penalties if felony punishable by death or imprisonment for life
If the underlying offense is a felony punishable by death or imprisonment for life, a defendant shall be sentenced to imprisonment in the state prison for not more than 20 years or in jail for not more than 2.5 years, or by both such fine and imprisonment.
Penalties if felony punishable by imprisonment in the state prison for a maximum period exceeding 10 years
If the underlying offense is a felony punishable by imprisonment in the state prison for a maximum period exceeding 10 years, a defendant shall be sentenced to imprisonment in the state prison for not more than 10 years or in jail for not more than 2.5 years, or by both such fine and imprisonment.
If the underlying offense is a felony punishable by imprisonment in the state prison for not more than 10 years, a defendant shall be sentenced to imprisonment in the state prison for not more than 5 years or in jail for not more than 2.5 years, or by both such fine and imprisonment.
Lastly, if the underlying offense is none of the above, but is any other crime, the defendant shall be sentenced to imprisonment in jail for not more than 2.5 years
Penalties if involving the Controlled Substances Act
The potential consequences for Conspiracy involving the Controlled Substances Act, provides that, if convicted, the Conspiracy penalty is identical to the penalty for the crime that was the object of the Conspiracy. This penalty may be found at Massachusetts General Laws, Chapter 90C, Section 40.
If you have been charged with conspiracy and need an experienced Massachusetts Criminal Defense Lawyer to defend the charges call the Law Office of John L. Calcagni, III today at (508) 213-9113 to schedule a free consultation.
