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Criminal Conspiracy

The Texas Law of Criminal Conspiracy

A Criminal Conspiracy offense in the state of Texas gives police the right to arrest you if they believe you entered into some kind of agreement with another person to commit a felony offense. In addition to entering into the agreement, the state's attorneys also have to prove that you made an “overt act” in furtherance of the agreement. More detailed information about Criminal Conspiracy offenses is reflected below:


The state's lawyers do not have to prove that an agreement was made  in writing, or what the specific terms of the agreement were. The prosecuting attorneys may prove that there was an agreement constituting a conspiracy simply by inferences drawn based on the acts of the parties.  A person can also be convicted if the other party to the agreement was actually acquitted or found “Not Guilty”, and even if the underlying offense was never actually committed.

Have you been charged with Criminal Conspiracy? Call criminal lawyer Russ Hunt at (512) 930-0860.

Criminal Conspiracy is classified in the Texas Penal Code under Title 4 “Inchoate Offenses”, Chapter 15 “Preparatory Offenses.”

What is the law in Texas on Criminal Conspiracy?

The offense is described in Section 15.02 of the Texas Penal Code.

(a) A person commits criminal conspiracy if, with intent that a felony be committed:

(1) he agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense; and

(2) he or one or more of them performs an overt act in pursuance of the agreement.

How can I be charged with Criminal Conspiracy?

You can be charged with Criminal Conspiracy if the state's attorneys believe that each of the elements of 15.02(a) as described in the section above has been met.

What exceptions are written into the law of Criminal Conspiracy?

Subsection (c) of 15.02 lists five different fact patterns that are specifically excluded from use as a defense to a Criminal Conspiracy charge.

Texas Penal Code Section 15.02(c)

(c) It is no defense to prosecution for criminal conspiracy that:

(1) one or more of the coconspirators is not criminally responsible for the object offense;

(2) one or more of the coconspirators has been acquitted, so long as two or more coconspirators have not been acquitted;

(3) one or more of the coconspirators has not been prosecuted or convicted, has been convicted of a different offense, or is immune from prosecution;

(4) the actor belongs to a class of persons that by definition of the object offense is legally incapable of committing the object offense in an individual capacity; or

(5) the object offense was actually committed.

What is the punishment for Criminal Conspiracy?

A conviction for Criminal Conspiracy is punished as one category lower than the most serious offense that is the object of the conspiracy. If the most serious felony is a state jail felony, then Criminal Conspiracy would be punished as a Class A misdemeanor, with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year.

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Criminal charges bring some of the toughest stress you'll ever deal with. In difficult times--and especially against the tough state and federal prosecutors in Williamson and Travis counties--you'll need an aggressive and determined advocate by your side. An accessible and dedicated ally, Russ tirelessly fights for your best possible outcome.