The phone call from law enforcement comes as a complete shock. You are being investigated for conspiracy charges related to an agreement you made months ago – an agreement that involved no paperwork, no formal planning and seemed entirely legal at the time.
The agreement was so informal that it concluded with just a handshake, yet prosecutors believe they have enough evidence to pursue criminal charges. How is this possible, and what should you know about defending against such accusations?
What is a conspiracy charge?
A handshake agreement can indeed lead to conspiracy charges under certain circumstances. A conspiracy occurs when two or more people agree to commit a crime and take some action toward completing that crime. The agreement itself can become the foundation of the criminal charge.
What makes a handshake agreement criminal?
A handshake itself is not a crime. The key factors that transform innocent agreements into criminal conspiracies include:
- Intent to commit a crime: You and others planned illegal activity.
- Mutual agreement: All parties understood and agreed to the plan.
- Overt act: Someone took at least one step to carry out the plan.
- Knowledge: You knew the activity was illegal.
For instance, if two people shake hands and verbally agree to break into a store, that agreement can satisfy the “agreement” element. If one of them then buys tools for the break-in, that purchase can serve as the required overt act. Together, these elements could support a conspiracy charge under Georgia law.
Georgia prosecutors can file conspiracy charges even if the planned crime never occurs. In such cases, they only need proof of the agreement and one action taken toward the goal.
How to defend against conspiracy charges?
Several defense strategies can protect you from conspiracy allegations, such as:
- Lack of knowledge about any criminal plan
- No genuine agreement between the parties
- Withdrawal from the alleged conspiracy before any crime occurred
- Insufficient evidence linking you to criminal activities
These defenses are only as strong as the attorney who wields them. A skilled criminal defense attorney can critically assess the facts, champion your rights and develop a precise plan unique to your case. Consider seeking legal counsel before taking your next step.
