Federal Conspiracy Charge Defense
Understanding Federal Conspiracy Charges
Federal conspiracy charges are severe because prosecutors only need to show that you agreed to commit a crime—not that the crime was actually completed. If you're facing conspiracy charges, having an experienced Charleston federal conspiracy defense attorney who knows how to challenge these complex federal cases effectively is critical.
What Is a Federal Conspiracy Charge? (18 U.S.C. § 371)
Federal conspiracy charges occur when two or more people agree to commit a federal crime and at least one person takes a step (an “overt act”) toward completing the crime. Conspiracy charges often exist alongside other criminal charges. Common federal conspiracy charges include:
Drug Conspiracy (21 U.S.C. § 846)
Wire Fraud & Mail Fraud Conspiracy
Money Laundering Conspiracy
Healthcare Fraud Conspiracy
Firearms Trafficking Conspiracy
Racketeering (RICO) Conspiracy
Elements Prosecutors Must Prove:
An agreement existed between two or more people.
You knowingly joined the conspiracy.
At least one conspirator committed an overt act to advance the conspiracy.
Penalties for Federal Conspiracy Charges
Federal conspiracy convictions carry severe penalties, including prison sentences ranging from several years to decades, even for first-time offenders. For example, federal drug conspiracies frequently result in mandatory minimum sentences of 10 years or more, often equal to those for the underlying crime itself, including:
Significant prison sentences (often decades, especially in drug conspiracies)
Substantial fines and restitution
Federal asset forfeiture (seizure of money, property, vehicles, etc.)
Federal probation or supervised release after prison
Penalties depend on the severity of the underlying crime, the defendant’s role in the conspiracy, criminal history, and whether the conspiracy resulted in injury or financial harm.
Defenses Against Federal Conspiracy Charges
At The Law Offices of Nathan S. Williams, we aggressively challenge conspiracy charges by raising defenses such as:
✅ No Agreement or Knowledge: Prosecutors must prove you knowingly joined the conspiracy. Mere association or knowledge without active participation isn't enough.
✅ Withdrawal from the Conspiracy: To effectively demonstrate withdrawal from a conspiracy, clearly communicate your intent to leave the conspiracy to other conspirators or law enforcement. Additionally, you should take affirmative actions that prove your disengagement, such as ending all communications and involvement in related activities. Showing that you took steps to withdraw from the conspiracy before an overt act can mitigate or eliminate criminal responsibility.
✅ Insufficient Evidence: Challenging the credibility of cooperating witnesses, confidential informants, and the quality of the evidence against you.
✅ Illegal Surveillance or Entrapment: If evidence was obtained through unconstitutional methods or if you were entrapped, we may be able to suppress critical evidence or dismiss charges.
✅ Mistaken Identity or Misunderstanding: Demonstrating that investigators incorrectly interpreted your actions or communications.
Why Choose Our Firm for Your Federal Conspiracy Defense?
Extensive Federal Experience: We have over thirteen years of experience as federal prosecutors in South Carolina and several years as federal defense attorneys in South Carolina. Our team knows how federal prosecutors build conspiracy cases, enabling us to identify weaknesses and effectively challenge the prosecution.
Proactive & Strategic Representation: We aggressively defend your rights from investigation through trial.
Tailored Defense: We understand each case is unique and develop individualized defense strategies to achieve the best possible outcomes.
Facing Federal Conspiracy Charges? Act Immediately.
Federal conspiracy cases require swift, decisive action. Immediately contact an experienced attorney, preserve all relevant evidence, and refrain from speaking to investigators without legal representation. Early intervention can make a significant difference in your case's outcome.
📞 Call us at (843) 473-7000 or click below to schedule a free Confidential Consultation.