Criminal conspiracy is defined as two or more people coming together to commit a criminal act. It is separated into two categories: hub-and-spoke and chain conspiracy. Hub-and-spoke conspiracy involves more than two people conspiring with one person. That singular person at the center of the conspiracy is not one of the defendants in a criminal case. The chain conspiracy involves several individuals who are linked to criminal activity such as drug trafficking.
What Is a Drug Conspiracy?
A drug conspiracy is the act of two or more people conspiring together to commit a criminal act involving drugs. The criminal act can include one or more of the following:
- Drug trafficking
- Drug manufacturing
- Drug selling
For example, one individual can make the drug. Another individual may be responsible for trafficking, or moving, the drug, and a third person is responsible for selling it.
Does the Type of Drug Make a Difference?
No, the type of drug does not make any difference in a drug conspiracy case. Drug conspiracy involves anyone who knowingly helps to facilitate or further any controlled substance or narcotic via:
Do I Have to Actually Know Anyone Charged in the Drug Conspiracy?
A drug conspiracy does not require the defendants to actually know each other. All that is required is that they communicate and work together, even if they actually do not know one another, as would likely be the case with two “spoke” defendants in a hub-and-spoke conspiracy.
What Are Elements of a Drug Conspiracy Charge?
Elements are the things a prosecutor proves to obtain a guilty verdict. A drug conspiracy charge does not require completing the manufacturing, distribution, sale, or possession of the drugs. Instead, a prosecutor must only prove:
- The defendant entered into an agreement
- The agreement was with at least one other individual
- At least one of the individuals involved took a step to further the agreement
Is a Drug Conspiracy Charge Prosecuted on a Federal or a State Level?
Whether a drug conspiracy charge is prosecuted on a state or federal level depends on who conducted the investigation. It also may depend on whether the conspiracy involved intrastate activity.
What Is the Punishment for Drug Conspiracy?
The punishment for a state drug conspiracy charge depends on the state where the case is being heard. A federal conviction is approximately 40 years in prison plus a fine.