Being charged with federal conspiracy is not something to take lightly. Even if you didn’t personally commit the underlying crime, the government may still prosecute you for agreeing to participate in the alleged illegal plan. A federal conspiracy conviction can carry the same penalties as the crime itself — including significant prison time and fines as a Tampa, FL federal criminal defense lawyer who has been rated by Super Lawyers can share.
If you’ve been arrested or are under investigation for conspiracy, it’s essential to understand what these charges mean and how to take immediate action to protect your rights.
What Is A Federal Conspiracy Charge?
Under 18 U.S.C. § 371, federal conspiracy occurs when:
- Two or more people agree to commit a federal offense, and
- At least one of them takes an overt act in furtherance of the conspiracy
You do not have to personally commit the crime you’re accused of conspiring to carry out. Merely agreeing to participate — even informally — and taking some action, no matter how minor, may be enough to face charges.
Common types of federal conspiracies include:
- Drug trafficking conspiracies
- Fraud conspiracies (wire fraud, healthcare fraud, tax fraud, etc.)
- Money laundering conspiracies
- Racketeering (RICO) conspiracies
- Conspiracies to defraud the U.S. government
Why Are Conspiracy Charges So Powerful?
Federal conspiracy laws allow prosecutors to cast a wide net. They’re often used to:
- Charge people who didn’t directly commit the crime but were allegedly part of the plan
- Increase pressure on co-defendants to cooperate or plead guilty
- Tie multiple crimes and defendants together in one large case
Because of this, many people are shocked to find themselves facing federal charges for conduct they didn’t believe was illegal — or didn’t think was serious.
Penalties For Federal Conspiracy
The penalties for federal conspiracy depend on the underlying crime, but they can include:
- Up to 5 years in prison for general conspiracy under § 371
- The same penalty as the underlying offense (e.g., 10 years to life for drug trafficking conspiracy)
- Substantial fines and restitution
- Federal probation and supervised release
- Permanent felony record and loss of civil rights
What You Should Do Immediately
If you’ve been charged with federal conspiracy or believe you may be under investigation:
1. Get A Federal Criminal Defense Attorney Immediately
Conspiracy cases are complex and often involve multiple defendants, volumes of evidence, and aggressive federal prosecutors. You need a defense attorney with specific experience in federal court — not just general criminal law.
2. Do Not Talk To Law Enforcement Or Other Defendants
Federal agents may appear friendly, but anything you say can be used against you. Politely decline to answer questions and request legal counsel.
Also, do not contact co-defendants or potential witnesses — even to “clear things up.” This could result in additional charges, including obstruction of justice or witness tampering.
3. Preserve All Records And Communications
Gather and secure any texts, emails, contracts, bank statements, or other documents that may be relevant. These could be critical in building your defense or challenging the government’s version of events.
4. Understand The Role You’re Accused Of Playing
Were you allegedly the organizer? A facilitator? A minor participant? Understanding how the government sees your role can help shape your defense strategy and potential negotiation options.
Potential Defenses To Federal Conspiracy Charges
Every case is unique, but possible defenses include:
- Lack of agreement: There was no actual meeting of the minds to commit a crime
- Withdrawal: You withdrew from the conspiracy before any overt act was committed
- No overt act: The alleged plan never advanced beyond a discussion
- Entrapment: You were pressured or induced by law enforcement to participate
- Lack of knowledge or intent: You didn’t knowingly join or support a criminal plan
The government must prove each element beyond a reasonable doubt — and your attorney can challenge the reliability of witnesses, the sufficiency of the evidence, and the credibility of the government’s narrative.
Don’t Face These Charges Alone
Federal conspiracy charges are complicated, serious, and carry high stakes. But being charged is not the same as being convicted. You have the right to a strong defense. If you are charged with a federal conspiracy, contact a lawyer.
Call Stechschulte Nell today for a confidential consultation with lawyers who have a 10.0 rating from Avvo. We have extensive experience representing clients in federal conspiracy and white-collar crime cases and will work tirelessly to defend your rights and your future.
