What is Conspiracy Under Florida Law?
According to Florida Statute 777.04(3), conspiracy occurs when “a person agrees, conspires, combines, or confederates with another person or persons to commit any offense.”
What that means is if you agree, conspire, combine or confederate with another person about committing an offense, then you can be convicted of conspiracy. Conspiracy is most often charged in felony cases, like drug trafficking, burglaries and robberies to name a few.
You might hear a lot about an “overt act” when dealing with conspiracy. An overt act is an act done in furtherance of the conspiracy. So, if two people conspire on selling drugs to a buyer and one person brings the drugs, then that would be the overt act.
Florida does not require an overt act to complete the crime of conspiracy. State v. Rodriguez – Jimenez, 439 So.2d 919 (Fla. App. 1983).
Also, when all the parties other than the defendant are government agents, there is no conspiracy. Green v. State, 999 So. 2d 1098 (Fla. Dist. Ct. App. 5th Dist. 2009); Sheriff v. State, 780 So. 2d 920 (Fla. Dist. Ct. App. 4th Dist. 2001).
What if I Abandoned the Conspiracy?
Generally, the conspiracy continues to exist until consummated, abandoned, or otherwise terminated by an affirmative act. Griffin v. State, App. 1 Dist., 611 So.2d 20 (1992).
Do They Have to Have the Drug to Charge Conspiracy in Florida?
The State Attorney doesn’t actually need to have the drug to convict for conspiracy. Hernandez v. Sate 56 So.3d 752 (Fla. 2010). Campbell v. State, 935 So.2d 614 (Fla. 3d DCA 2006).
What are the Penalties for Conspiracy in Florida?
Under Florida Statute 774.04, conspiracy takes the rank of the offense and lowers it one rank. See Scoresheets for information on the ranking system.
Contact an Orlando Conspiracy Defense Attorney
If you or someone you know is facing a conspiracy related charge, it’s important to speak to an experienced and knowledgable conspiracy defense attorney.
Call 407-670-5669 today or contact us on our website to getting started on your Conspiracy defense.