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Conspiracy, Attempt, Accessory Before The Fact


Conspiracy Charges in Virginia Beach

A conspiracy charge is what’s known as an inchoate crime, or incomplete crime. Conspiracy can be charged whenever two or more people talk about and agree to commit a criminal act, for example conspiracy to commit a robbery, or conspiracy to distribute narcotics.

Doesn’t There Have To Be An Overt Act To Complete The Conspiracy?

There is no requirement under Virginia law for any further act to be completed other than the discussion for someone to be convicted of conspiracy to commit a felony. In other states, there is a requirement that some overt act in furtherance of the conspiracy be completed for the criminal charge of conspiracy. For example, if two people plan to commit a bank robbery, and then one person buys the ski masks while the other does research on the bank’s security, the conspiracy would be complete.

The conspiracy crime in Virginia is completed simply by discussing a criminal act, provided the parties intended to commit the criminal act. Therefore, once the conspiracy is completed, even if someone does not then participate in the criminal act itself, they may still be convicted of the conspiracy.

What If I Was Just Kidding?

This is a dangerous area to be kidding. If you have joked with someone about committing a criminal act, you need to be absolutely clear that you are in fact joking. It is not uncommon for conspiracy charges to be alleged when a friend was joking about committing a crime but some of the friends thought they were serious and followed through with the plan.

Related charges:

What is the Punishment for Conspiracy in Virginia?

Punishment for conspiracy to commit a felony in Virginia depends upon the level of the actual criminal act. It may be punished by up to 20 years in prison in some cases, or as little as a $500 fine in others.

Contact the criminal defense lawyers at Garrett Law Group, PLC today if you have been charged with conspiracy to commit a felony in Virginia Beach. (757) 422-4646. Our lawyers are ready to answer your questions 24/7/365.

Virginia Statutes:

§ 18.2-22. Conspiracy to commit felony.
§ 18.2-23. Conspiring to trespass or commit larceny.
§ 18.2-23.1. Completed substantive offense bars conviction for conspiracy.
§ 18.2-46.5. Committing, conspiring and aiding and abetting acts of terrorism prohibited; penalty.
§ 18.2-256. Conspiracy to Violate Drug Control Act.
§ 18.2-408. Conspiracy; incitement, etc., to riot.