Criminal Conspiracy
Certain types of criminal conduct, like running large-scale drug rings and knocking off mega-casinos Ocean’s Eleven-style, involve the cooperation of multiple individuals in order to be accomplished successfully. Tennessee recognizes that such offenses often require the cooperation of many actors and that some of those actors will never actually engage in the conduct, such as theft, that is sought to be punished by the statute. For example, one man may create an alarm-stifling device that another man uses to rob a bank. If it weren’t for the criminal conspiracy statute, the device-maker may evade punishment altogether.
Criminal conspiracy is defined in T.C.A. § 39-12-103(a) as when “two (2) or more people, each having the culpable mental state required for the offense that is the object of the conspiracy, and each acting for the purpose of promoting or facilitating commission of an offense, agree that one (1) or more of them will engage in conduct that constitutes the offense.” The statute further provides that if a person who conspires with someone that he or she knows has also conspired with other people, then that person is guilty of conspiring with every individual involved in the conspiracy. This is significant because conspiracy is charged as one offense grade lower than the most serious offense charged in the conspiracy, and increasing the number of co-conspirators increases the chance that one of the committed a serious offense. For example, if I were to conspire with X, who committed aggravated robbery, and X conspired with T to commit first-degree murder during the robbery, I may be held liable for conspiracy to commit first degree murder.
There are several possible defenses to a conspiracy charge. The first is that, according to the statute, no conspiracy can be charged if no overt act is committed in furtherance of the conspiracy. That is, four men can’t be charged for conspiring to rob a bank if they just sit around and talk about it without actually taking any action. Another defense would be that the suspect actually abandoned the conspiracy, whether or not a person abandons a conspiracy will be determined by looking at the circumstances. Finally, there is always the defense that the person simply was not involved in the conspiracy. Persons who find themselves facing a conspiracy charge should consult an experienced Tennessee criminal defense attorney who can advise them as to possible defenses and the best course of action.
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