Conspiracy Charges in Pennsylvania: What They Mean and How to Defend Against Them

Conspiracy is treated just as seriously as the crime itself. As a criminal defense attorney with over 30 years of experience, I’ve helped clients fight conspiracy charges in Philadelphia and throughout Pennsylvania. Here’s what you need to know.

🔹 What Is Criminal Conspiracy?

Under 18 Pa. C.S. § 903, you can be charged with conspiracy if:

1. You agreed with one or more people to commit a crime,

2. You intended to promote or facilitate the crime,

3. And you (or someone in the group) took an “overt act” toward committing it.

An “overt act” can be any step forward, such as buying materials, scouting locations, or making plans — even if the crime was never completed.

🔹 Examples of Conspiracy

• Planning a robbery with friends, even if no one went through with it

• Driving a getaway car during an attempted theft

• Agreeing to sell drugs and making a single phone call to arrange it

• Buying weapons for someone planning a violent crime

Even small roles — like being present during planning — can lead to full conspiracy charges.

🔹 Penalties for Conspiracy

In Pennsylvania, conspiracy is punished at the same grade as the crime you planned:

• If the intended crime is a felony (e.g., robbery, drug trafficking), conspiracy is also a felony.

• If the intended crime is a misdemeanor, conspiracy is charged as a misdemeanor of the same degree.

This means a conspiracy to commit a felony robbery can carry 10–20 years in prison, just like an actual robbery conviction.

🔹 How Conspiracy Is Proven

Prosecutors often rely on:

• Text messages, emails, or social media communications

• Witnesses or co-defendants testifying

• Surveillance footage or recorded conversations

• Evidence of planning, such as maps, cash, or materials

They do not have to prove you committed the crime — only that you agreed and took steps toward it.

🔹 Defending Against Conspiracy Charges

A strong defense may include:

✅ No agreement — just being present isn’t enough to prove conspiracy
✅ No overt act — no real step was taken toward committing the crime
✅ Lack of intent — you didn’t intend to commit the crime
✅ Entrapment — law enforcement coerced or tricked you
✅ Unreliable witnesses — especially co-defendants seeking leniency

Don’t Face Conspiracy Charges Alone

Conspiracy cases can be complex and involve multiple defendants. If convicted, you could face the same penalties as the person who actually committed the crime — even if you weren’t there when it happened.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.