Understanding Florida Conspiracy Charges
When people hear the word “conspiracy,” they often think of shadowy meetings or dramatic plots. In Florida criminal law, conspiracy has a precise meaning under Florida Statutes § 777.04. This law makes it a crime to agree with another person to commit an offense, even if the planned crime never actually takes place. The state does not need to prove that the crime was completed, only that there was an agreement and an intention to follow through.
Here is the text of Florida Statute § 777.04(3):
“A person who agrees, conspires, combines, or confederates with another person or persons to commit any offense commits the offense of criminal conspiracy. If the offense attempted, solicited, or conspired to is a capital felony, the person is guilty of a felony of the first degree. If the offense attempted, solicited, or conspired to is a life felony, the person is guilty of a felony of the second degree. If the offense attempted, solicited, or conspired to is a felony of the first degree, the person is guilty of a felony of the second degree. If the offense attempted, solicited, or conspired to is a felony of the second degree, the person is guilty of a felony of the third degree. If the offense attempted, solicited, or conspired to is a felony of the third degree, the person is guilty of a misdemeanor of the first degree. If the offense attempted, solicited, or conspired to is a misdemeanor, the person is guilty of a misdemeanor of the second degree.”
What this means is that conspiracy charges “follow” the severity of the underlying intended offense. If the agreement involved a second-degree felony, the conspiracy itself is charged as a third-degree felony. If the intended crime was a misdemeanor, the conspiracy is one step lower, but it is still a criminal record that can damage your future.
From my experience defending clients across Florida, conspiracy charges are often filed when prosecutors do not have enough evidence of the actual crime but want to hold people accountable for planning. That is why hiring a Florida Conspiracy with Intent to Commit a Crime Defense Lawyer can be the difference between a conviction and having your record cleared.
Why You Need a Private Defense Attorney in Conspiracy Cases
One of the biggest mistakes people make is assuming that conspiracy charges are “lighter” than actual criminal charges. The truth is, these cases are aggressively pursued because prosecutors often see them as a chance to stop a crime before it occurs.
A private attorney like me has the time and resources to investigate the facts in depth. Public defenders are skilled, but they often juggle hundreds of files at once. In conspiracy cases, every detail matters. Did law enforcement illegally record conversations? Was the “agreement” really just talk that never became a concrete plan? Was there an informant who pressured you into saying things you otherwise would not have said?
I have seen how prosecutors overextend these charges. Without a strong defense, you can face years in prison even if no crime was ever carried out. With me on your side, we fight to suppress illegally obtained evidence, challenge unreliable witnesses, and expose weaknesses in the state’s case.
Real Case Example I Handled
A young man in Orlando was accused of conspiring with friends to commit burglary. Police claimed they had overheard him discussing breaking into a warehouse, and they charged him with conspiracy even though no burglary ever took place. My client insisted that he had no intention of following through—it was late-night talk after a party, nothing more.
We dug into the police reports and found that the main evidence came from a confidential informant who had been pressuring the group to “do something big.” The informant was working for leniency on his own charges. We demonstrated that my client never took any step toward the alleged plan and that the supposed agreement was really just idle conversation.
The judge agreed that the state could not prove beyond a reasonable doubt that a real conspiracy existed. The case was dismissed, and my client walked out of court without a record.
This is just one example of why it matters to have a private defense attorney dedicated to challenging the state’s assumptions.
Florida Statutes That Often Tie Into Conspiracy Cases
Besides § 777.04, several other statutes frequently appear in conspiracy prosecutions:
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Florida Statute § 777.011 (Principal in the First Degree): This law holds that anyone who aids, abets, or otherwise assists in a crime is treated as if they committed the crime themselves. Prosecutors sometimes use this alongside conspiracy.
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Florida Statute § 777.03 (Accessory After the Fact): While different from conspiracy, it is sometimes charged together if the state believes someone helped conceal the crime afterward.
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Controlled Substance Laws (Chapter 893): Many conspiracy charges involve alleged drug sales or trafficking agreements. Even talking about supplying or distributing controlled substances can trigger conspiracy counts.
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Theft, Burglary, and Fraud Statutes (Chapter 812): Plans involving property crimes often lead to conspiracy charges, especially if there are multiple people allegedly involved.
Understanding how these statutes interconnect allows me to craft a defense that challenges the entire structure of the state’s case.
Defenses to Conspiracy Charges
There are several defenses available depending on the facts:
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No Agreement: The state must show that there was a real agreement, not just casual conversation or bragging. If there was no mutual commitment to act, there is no conspiracy.
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Lack of Intent: Even if there was discussion, the prosecution must prove intent to actually commit the crime. Joking, hypothetical talk, or venting frustrations do not equal intent.
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Withdrawal: If someone backed out before any steps were taken, that can be a defense. Showing you distanced yourself from others involved can be powerful.
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Entrapment: If police or an informant pressured or encouraged the conduct, entrapment may apply. This is especially common in drug-related conspiracies where undercover officers push conversations forward.
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Insufficient Evidence: Conspiracy cases often rely on circumstantial evidence or unreliable witnesses. Exposing these weaknesses can lead to dismissal or acquittal.
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Constitutional Violations: If law enforcement obtained recordings or statements without proper warrants or Miranda warnings, those pieces of evidence can be suppressed.
Each of these defenses requires careful investigation, legal research, and courtroom strategy. This is why hiring a private attorney can make the difference.
Penalties and Consequences
The penalties for conspiracy in Florida depend on the level of the underlying crime. For example:
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Conspiring to commit a capital felony = First-degree felony, punishable by up to 30 years in prison.
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Conspiring to commit a life felony = Second-degree felony, up to 15 years.
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Conspiring to commit a first-degree felony = Second-degree felony.
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Conspiring to commit a second-degree felony = Third-degree felony, up to 5 years.
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Conspiring to commit a third-degree felony = First-degree misdemeanor, up to 1 year.
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Conspiring to commit a misdemeanor = Second-degree misdemeanor, up to 60 days.
Beyond prison and fines, a conspiracy conviction can affect employment, housing, professional licensing, and immigration status. Many people are shocked to learn how serious these charges are until they see the sentencing guidelines. That is why my role as your attorney is to fight for charge reductions, plea negotiations, or complete dismissal.
How I Approach Conspiracy Defense
Every conspiracy case is unique. My first step is always to review the evidence: wiretaps, text messages, witness statements, surveillance, and any physical evidence. I then challenge the admissibility of that evidence in court. Many cases crumble once unreliable or illegally obtained evidence is thrown out.
I also work with investigators to uncover witness motives and expose contradictions in their testimony. Prosecutors often rely on co-defendants or informants who have strong incentives to exaggerate. My cross-examination strategy focuses on showing jurors why these individuals should not be trusted.
Finally, I negotiate aggressively with prosecutors. Sometimes the best outcome is a reduced charge with probation instead of prison. Other times, the evidence is so weak that we push for dismissal before trial. My job is to secure the best possible result based on the facts, the law, and your life circumstances.
Florida Conspiracy with Intent to Commit a Crime Defense Lawyer FAQs
What does the state have to prove in a conspiracy case?
The prosecution must prove there was an agreement between two or more people to commit a crime and that the accused intended for the crime to happen. Unlike attempt charges, conspiracy does not require an actual step toward committing the crime, although prosecutors often try to show some action occurred. Without proof of both agreement and intent, the charge fails.
Can someone be charged with conspiracy even if they never met the other person face-to-face?
Yes. Agreements can be alleged through phone calls, texts, emails, or even social media messages. I often challenge whether those communications actually show a criminal plan or just vague discussion. It is not enough for the state to show you were “in contact” with someone—they must prove a genuine agreement to commit an offense.
How does entrapment apply to conspiracy charges?
Entrapment happens when law enforcement persuades someone to commit a crime they otherwise would not have committed. In conspiracy cases, undercover officers or informants may push conversations toward criminal planning. If I can show you were pressured or lured into agreeing, we can argue entrapment and seek dismissal.
What if the other person involved already took a plea deal?
Prosecutors may try to use statements from a co-defendant who has accepted a plea. Those statements are often unreliable because the co-defendant has every incentive to shift blame. I cross-examine these witnesses carefully and challenge whether their testimony is admissible under the rules of evidence.
Are conspiracy charges harder for prosecutors to prove?
In some ways yes, because they have to show agreement and intent without the crime ever occurring. However, prosecutors often file conspiracy precisely when they do not have enough to prove the underlying crime. That is why the defense must focus on exposing gaps in the evidence.
Can conspiracy charges be sealed or expunged in Florida?
If the charge is dismissed, or you are acquitted, you may qualify for sealing or expungement. If convicted, expungement is not available. Part of my role is fighting for outcomes that leave the door open to clear your record.
Does it matter if the other person never actually planned to commit the crime?
Yes, because conspiracy requires at least two people agreeing. If the other person never intended to commit the crime, then there may not have been a true conspiracy. This is a critical defense point we can raise.
What penalties apply if the intended crime was a misdemeanor?
Even in misdemeanor cases, conspiracy adds a criminal record that can affect your future. For example, conspiring to commit a third-degree felony becomes a first-degree misdemeanor, which carries up to a year in jail. That is why it is vital to fight these charges even if they seem “less serious.”
Do prosecutors ever overcharge conspiracy?
Absolutely. In my practice, I often see prosecutors tack on conspiracy counts in addition to attempt or solicitation, even when the evidence is thin. This inflates the case and pressures defendants to plead guilty. A strong defense can push back against these tactics.
Why is hiring a private Florida Conspiracy with Intent to Commit a Crime Defense Lawyer better than going it alone?
Conspiracy charges are complex and carry severe penalties. A private lawyer can focus entirely on your case, investigate independently, and craft defenses tailored to your situation. Without this level of defense, you risk long prison terms and permanent damage to your future.
Call Our Florida Conspiracy with Intent to Commit a Crime Defense Lawyer to Protect Your Future Today
If you or someone you love is facing conspiracy charges, the time to act is now. Prosecutors will build their case quickly, and you need a defense that is even stronger.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 30 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.