Is the Crime of Conspiracy as Serious as the Underlying Crime?

 Posted on June 10, 2025 in Criminal Defense

Conspiracy to commit a criminal offense can be almost as serious as the underlying crime. A conviction for felony conspiracy charges can harm your current life and your future. Because the consequences of a conspiracy conviction are so severe, it is important that you hire an experienced criminal defense attorney as quickly as possible.

Your attorney can gather and preserve favorable evidence, interview witnesses, and ensure that valuable evidence is not lost. The outcome of criminal charges can sometimes be determined quickly after an arrest when you have skilled legal representation. Do not wait – if you are being questioned in relation to a crime or have been charged with a criminal offense, a Farragut, TN criminal defense lawyer can ensure you have the best chance of a positive outcome.   

What Constitutes Conspiracy in Tennessee?

To secure a conviction for conspiracy, the prosecutor must prove that two or more people acted together to facilitate a criminal offense and agreed that one or more would take steps to commit the offense. Conspiracy is a legal doctrine that imposes liability on those who may not have actually committed a crime but did engage in discussing and planning the crime.

A conspiracy can involve two people or many more. However, in the case of two co-conspirators, if one is acquitted of the conspiracy charge, then the other cannot be prosecuted for conspiracy, assuming the alleged co-conspirators are tried together for the same crime in the same trial related to the same conspiracy. If the alleged co-conspirators are tried separately, and the first is acquitted, then the second one can still be prosecuted for the crime of conspiracy.

What Crimes Typically Include Conspiracy Charges?

Under federal laws, conspiracy charges are more likely to be used in drug trafficking and drug manufacturing cases in an attempt to get every person involved in the crime. Conspiracy is also used in federal money laundering cases when two or more individuals conspire to hide the origins of money obtained through illegal activities. Organized crime charges also utilize conspiracy charges under the Racketeer Influenced and Corrupt Organizations (RICO) Act.  

When charges are filed by the state, conspiracy is often seen in murder charges, state drug charges, gang-related activities, certain state white-collar crimes, and in certain thefts like "smash-and-grabs." While these are the most common crimes that can be accompanied by a conspiracy charge, virtually any criminal offense could include conspiracy charges if two or more people planned the crime.

What Are the Penalties for Conspiracy in Tennessee?

While the penalties for the crime of conspiracy will depend on the facts and circumstances, conspiracy penalties are often one classification lower than the most serious offense that the conspiracy relates to. So, if two or more people are guilty of a conspiracy to commit a Class A felony, then the conspiracy itself is charged as a Class B felony. A Class A felony carries a potential sentence of 15 to 60 years in prison, while a Class B felony carries a potential sentence of eight to 30 years.

Are There Defenses to Conspiracy Crimes?

The defense used by a criminal defense lawyer against the crime of conspiracy will depend on the circumstances. Some of the most common defenses to conspiracy charges include:

• There was no conspiracy because there was no agreement to commit a crime.
• The defendant had no intention of joining in a conspiracy, i.e., he or she believed the others in the group were joking.
• The defendant was involved in a different conspiracy (the charges are conspiracy to distribute heroin, but the actual crime was distributing marijuana).
• The defendant clearly withdrew from the conspiracy.  
• The charges must be dropped because of an illegal search and seizure or interrogation.

Contact a Knox County, TN Criminal Defense Lawyer

If you are charged with conspiracy, the sooner you speak to an experienced Knoxville, TN criminal defense attorney from The Baker Law Firm, the better for your future. Attorney Baker provides no-nonsense advice and is dedicated to justice. Call 865-200-4117 to schedule your free consultation.