Criminal Conspiracy Charges in Pennsylvania: What You Need to Know

You don’t have to actually commit a crime to be charged with one. In Pennsylvania, simply agreeing to help commit a crime—or taking steps to assist—can lead to a criminal conspiracy charge, even if the planned crime never happened. Conspiracy charges are serious. They often carry the same penalties as the underlying offense and are commonly filed in cases involving drug distribution, robbery, burglary, or white-collar crime.

Mark D. Hauser

7/23/20252 min read

black blue and yellow textile
black blue and yellow textile

If you’ve been charged with conspiracy in Philadelphia or anywhere in Pennsylvania, here’s what you need to know—and how an experienced criminal defense attorney can protect your rights.

What Is Criminal Conspiracy Under Pennsylvania Law?

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

  1. They agree with one or more people to commit a crime, and

  2. One of them takes an overt act in furtherance of that agreement

You don’t have to personally commit the crime—you just have to participate in the planning or preparation.

For example:

  • Agreeing to help someone rob a store and driving the getaway car

  • Providing tools or supplies for someone planning a burglary

  • Helping hide a stolen item in advance

  • Discussing a fraud scheme and helping open a bank account

Even if the crime is never completed, the conspiracy charge can still stand.

Types of Cases Where Conspiracy Charges Are Common

Prosecutors frequently add conspiracy charges to:

  • Drug trafficking and delivery cases involving multiple people

  • Theft or robbery involving getaway drivers or lookouts

  • Gun possession or distribution cases involving coordinated purchases

  • Fraud and white-collar crime with multiple participants

  • Assault or murder plots, even if no one is harmed

Sometimes, prosecutors use conspiracy charges to pressure one person into testifying against others in exchange for a plea deal.

Penalties for Criminal Conspiracy in Pennsylvania

The penalty for conspiracy is usually the same level as the most serious offense that was the object of the conspiracy. That means:

  • If the planned crime was a first-degree felony, the conspiracy charge is also a first-degree felony

  • If the crime was a misdemeanor, so is the conspiracy charge

This can mean:

  • Up to 20 years in prison for conspiracy to commit first-degree felonies like drug delivery or robbery

  • Hefty fines

  • Restitution if the offense caused financial loss

  • A permanent criminal record, even if the crime itself never happened

Defenses to Criminal Conspiracy Charges

Just because you were present or had a conversation doesn’t mean you’re guilty. A skilled criminal defense attorney will evaluate several key defenses, including:

Lack of agreement – You didn’t agree to commit any crime; mere association with others is not enough
No overt act – No one involved took any concrete steps to make the crime happen
Withdrawal – You backed out of the plan before any illegal act occurred
Entrapment – Police or informants induced you to participate when you otherwise wouldn’t have
Insufficient evidence – The prosecution cannot prove intent beyond a reasonable doubt

Your lawyer will also scrutinize any co-defendant statements, wiretaps, or undercover recordings to challenge how the government built its case.

Conspiracy Charges in Juvenile and Federal Cases

In juvenile court, conspiracy charges can apply to teens who allegedly plan group fights, vandalism, or theft—even through texts or social media.

In federal court, conspiracy is used aggressively in drug, fraud, and racketeering cases. Federal conspiracy law includes additional rules and longer sentences, including mandatory minimums.

Whether state or federal, having the right defense strategy is crucial to protecting your rights.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

Conspiracy charges can be complicated and overwhelming—but a strong legal defense can make the difference between prison and freedom. With over 30 years of experience in state and federal criminal defense, Mark D. Hauser has successfully defended clients across Philadelphia and Pennsylvania against serious conspiracy allegations.

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