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Under certain circumstances, an individual can face serious criminal consequences for felony offenses they did not actually commit. If law enforcement believes that you planned to commit a felony and took some form of action to further that plan, you may be charged with conspiracy and prosecuted as though you actually committed the crime.
Fortunately, a well-versed defense attorney from our legal team may be able to employ several defense strategies to refute charges of conspiracy to commit a criminal offense. Let a Lincoln conspiracy lawyer at Berry Law help you understand your legal options and protect your liberties.
Defining Criminal Conspiracy in Lincoln
According to Nebraska Revised Statutes §28-202, prosecutors must prove two elements to obtain a conviction for conspiracy to commit a crime in our area. First, the defendant must have made a plan with at least one other person to either engage in, facilitate, or promote criminal activity. Second, at least one of the parties involved in the conspiracy must have taken some overt action toward executing their plan.
A person can be charged with conspiracy regardless of whether they know the real identities of the other people involved in the plan. Additionally, if a plan for criminal conduct allegedly includes multiple, separate offenses, an individual can only be charged once for conspiracy.
The penalties for a conspiracy conviction correspond to the severity of the felony someone was planning to commit. The only exception is if someone allegedly planned to commit a Class I felony, they would be charged with Class II felony conspiracy. Fortunately, an attorney in our area can provide the legal representation you need to fight your charges.
Defending against Allegations of Conspiracy
State law specifies that if someone’s active role in an alleged conspiracy stemmed from entrapment, they shall be acquitted of any conspiracy charge they face. Additionally, Neb. Rev. Stat. §28-203 states that any person involved in a conspiracy who renounces their criminal intent and either informs law enforcement of the plan or tries to prevent the planned offense from happening cannot be convicted of conspiracy.
If neither of these defenses apply in your case, a Lincoln lawyer can work to disprove one or both of the aforementioned elements of a conspiracy conviction. For instance, if you were not aware that an action you performed was facilitating a felony offense, you would not be guilty of conspiring to commit a crime. An attorney at Berry Law can look at the details of your case to develop an effective defense strategy.
A Lincoln Conspiracy Attorney Can Help
Conspiracy charges can make for complicated criminal cases, especially if prosecutors allege that there are multiple parties involved in a multifaceted scheme. A conviction for conspiracy could lead to serious criminal consequences, regardless of whether the planned offense actually occurred.
No matter the situation, a Lincoln conspiracy lawyer at Berry Law can help you reach a positive resolution to your case. Get in touch with Berry Law today to schedule a confidential consultation with a skilled defense attorney.
