Drug-Related Conspiracy Charges In Florida
In most situations, a person cannot be charged with any crime until, well, committing it. However, there are a handful of exceptional situations where a person can be charged criminally even if they only have the intent to commit a criminal offense. These are extremely common in drug-related cases, where the charge of conspiracy is often tacked on to the underlying offense. If you have been charged with this type of crime it is crucial you understand the nature of the actual offense – an experienced attorney can help.
“Inchoate” Crimes
Conspiracy, along with solicitation and attempt, is what is known in the legal system as an “inchoate” crime. These three offenses are the only ones in Florida law that criminalize the planning stages of committing a crime, and act as crimes in themselves. One major difference between them, however, is that attempt and solicitation usually are charged singly – for example, charging someone with attempted murder instead of murder – while conspiracy can be charged at the same time as the underlying offense – say, robbery and conspiracy to commit robbery.
Understandably, some see this as unfair. However, the rationale for these crimes being crimes is that the underlying offenses – drug crimes, acts of violence, and the like – are seen as so serious that if they can be stopped before they happen, so much the better, and a conspiracy charge may teach a person not to even think about attempting that offense again. Obviously, it does not work for everyone, but it can be an effective deterrent for some.
Elements Of Conspiracy Offenses
The relevant statute holds that a conspiracy is when two or more people come together and make an agreement to commit an illegal act. So, for example, if three people agree to be partners in selling 30 pounds of cannabis, all three of those people could be charged with conspiracy to traffic in cannabis under Florida law, though they never sold the cannabis. Be advised that in Florida, it does not need to even be proven that any act in furtherance of the conspiracy ever happened – the agreement is enough to prove the crime, while in many other states a “substantial step” must be taken.
If you are convicted of conspiracy to commit a drug offense, the usual penalty is to sentence for a term befitting one offense level lower than one would get if they actually committed the offense. For example, if someone is convicted of trafficking methamphetamine in Florida as a second-degree felony, someone convicted of a conspiracy to do the same will face third-degree felony charges. However, each case is different and several factors can determine sentencing if convicted – all the more reason to enlist the right attorney to protect your rights.
Contact A West Palm Beach Drug Offenses Attorney
It can be disconcerting, to say the least, to be charged with a criminal offense when you have not taken an affirmative step into committing a crime. Florida prosecutes drug crimes very aggressively, which is why you need a West Palm beach drug offenses attorney from Perlet & Shiner, P.A. to ensure your story is told and you get your day in court. Call our office today to speak to an attorney.
