Philadelphia Federal Criminal Conspiracy Charges FAQs: Laws and Penalties

Philadelphia Federal Criminal Conspiracy Charges: FAQs on Laws and Penalties

Being charged with a federal conspiracy crime in Philadelphia can be scary. You may be wondering, “What exactly does ‘conspiracy’ mean? What are the laws and penalties I’m facing?” This article aims to answer common questions people have when facing federal conspiracy charges in Philly.

What is a Criminal Conspiracy?

A criminal conspiracy involves two or more people agreeing to commit a crime or take part in illegal activity. This agreement doesn’t have to be formal or even openly stated. A “tacit understanding” between conspirators is enough. In fact, the government doesn’t need to prove that the crime was actually carried out, only that the conspirators agreed to commit it.

Some examples of federal conspiracy charges in Philly include:

• Conspiracy to commit wire fraud
• Conspiracy to distribute illegal drugs
• Conspiracy to engage in racketeering (organized crime)
• Conspiracy to commit money laundering

Conspiracy charges allow prosecutors to go after the leaders and organizers of criminal activity, even if they didn’t personally commit the underlying crimes.

What Laws Cover Federal Conspiracy Charges?

The main federal conspiracy statute is 18 U.S.C. § 371, which makes it a crime to “conspire to commit any offense against the United States.” This covers conspiracies to commit federal crimes like wire fraud, drug trafficking, human trafficking, and terrorism offenses. It carries a maximum sentence of 5 years in prison.

In addition, many federal statutes that define specific crimes also make it illegal to conspire to commit those crimes. For example, you can be charged with conspiring to distribute drugs under the federal drug trafficking laws in 21 U.S.C. § 841 and § 846.

What Are the Penalties for Federal Conspiracy Convictions in Philadelphia?

The penalties for federal conspiracy charges vary widely depending on the specific crime involved. Under 18 U.S.C. § 371 (general conspiracy), the maximum sentence is 5 years in federal prison. But under conspiracy statutes related to drugs, terrorism, child exploitation, and other serious federal felonies, the penalties can be much harsher.

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In drug conspiracy cases, the mandatory minimum sentences are tied to the quantity of drugs involved. For example, conspiring to distribute 5+ kilograms of cocaine carries a minimum 10 years in prison under federal sentencing guidelines.

The penalty for conspiring to commit murder-for-hire is up to 10 years in prison. Meanwhile, conspiracy to provide material support to terrorists can result in up to 15 years imprisonment. Conspiring to violate civil rights laws can mean up to 10 years behind bars.

In addition to prison time, federal conspiracy convictions often involve large fines and forfeiture of money and property connected to the criminal activity. And they almost always result in lengthy probation or supervised release after incarceration.

What Are Some Defenses to Federal Conspiracy Charges?

Some possible defenses to conspiracy charges include:

• No actual agreement – For a conspiracy to exist, there must be an actual agreement between 2+ people to commit a federal crime. Just discussing illegal acts isn’t enough.
• Entrapment – This is when government agents induced you to commit a crime you otherwise wouldn’t have agreed to. Merely providing an opportunity for criminal activity isn’t entrapment.
• Withdrawal – If you voluntarily withdrew from the conspiracy before any overt act was taken in furtherance of it, you may have a defense.

Other defenses focus on attacking procedural problems with the case, questioning the credibility of witnesses, and demonstrating your limited minor role in the conspiracy.

What Should I Do If Facing Federal Conspiracy Charges in Philadelphia?

If you’ve been charged with conspiracy or any other federal crime in the Eastern District of Pennsylvania, it’s essential to hire an experienced Philadelphia federal criminal defense lawyer immediately. An attorney can analyze the strength of the government’s case against you and advise you on the best defense strategy.

A skilled lawyer may be able to get charges reduced or dismissed through motions and negotiations with the prosecution. If charges do stick, your attorney can seek to minimize penalties and consequences through effective sentencing advocacy.

Don’t take chances with your future and freedom. The sooner you engage knowledgeable legal counsel, the better positioned you’ll be to beat federal conspiracy allegations.

Department of Justice
18 U.S. Code § 371
21 U.S. Code § 841
21 U.S. Code § 846