Kansas Drug Conspiracy Charges
Conspiracy charges are unique in that a crime doesn’t have to be fully committed for charges to be pursued. In conspiracy cases, the crime is merely the agreement to commit the offense between two or more people.
Drug Conspiracy is defined as two or more people agreeing to commit or assist in a crime and actively planning to do so.
Federal drug conspiracy is an agreement between two or more individuals to violate the federal drug laws. There are only two criteria for a federal drug conspiracy charge:
- there was an agreement between two or more people to violate federal drug laws;
- and the alleged conspirators knew of the unlawful agreement and joined in it.
Penalties for Drug Conspiracy Charges
You may be wondering, if you can be charged with conspiracy without ever transferring the drugs, are the potential penalties not very severe?
This is not the case. In fact, the penalties are just as severe. In other words, conspiring to traffic drugs can result in the same criminal penalties as having actually done so. Additionally, most drug conspiracy cases are charged at the federal level.
If convicted on drug conspiracy charges, the defendant faces a minimum of five, up to 40 years in prison. This will likely come with fines, probation, and other penalties.
Injury or Death
If the defendant involved has a prior criminal record related to drug offenses or a violent crime, they will receive enhanced penalties.
Typically, the enhanced penalty means the defendant will be sentenced to additional prison time.
Defenses for Drug Conspiracy Charges
Illegally Obtained Evidence
There Was No Agreement
You Did Not Knowingly Join
You Did Not Willingly Join
You can argue that you were threatened or pressured into agreeing to commit the crime.
You withdrew from the plan: if you attempted to, or did withdraw, from the agreement to commit the drug crime, this could be a strong defense showing you no longer had intent.