In Georgia, a conspiracy charge basically means that two or more people agreed to commit a crime, and at least one of them did something to move that plan forward—even just a small step.

So, imagine you and a friend are talking about robbing a store. If you both agree to do it, and then one of you buys masks or scopes out the place, that could be enough for the state to charge you with criminal conspiracy—even if the robbery never actually happens.

The key elements are: 1) An agreement between two or more people to commit a crime, and 2) an “overt act”—which is just some action taken to help carry out the plan.

It doesn’t have to be a huge or illegal step. Something as simple as making a phone call to set up the plan, or buying supplies, can count as that overt act.

In Georgia, conspiracy is usually charged based on the severity of the crime the group was planning. If you were conspiring to commit a felony, the conspiracy charge will likely be written as “conspiracy to commit a felony” and therefore you will be charged with that felony.

There are several defenses to a conspiracy charge. The first one is that there was never a real agreement made. You can discuss a crime and not agree to it—that would not typically rise to the level of conspiracy. Another defense is showing that no overt act was committed. So even if you and someone else agree to commit a crime, there has to be some kind of action taken toward the crime. If no one did anything to move the plan forward, then the conspiracy charge faulters. You can also withdraw from the conspiracy before any crime is actually committed, but you have to show that you took clear steps to back out. Finally, the prosecution needs to show that there was actual intent involved in committing the crime. Without intent, the conspiracy charge likely does hold.

If you’ve been charged with a conspiracy, call our office today and talk to one of our experienced and dedicated trial attorneys.