Strategic defense for individuals accused of being part of a larger criminal agreement.
A federal conspiracy charge is a terrifying prospect because you can be convicted without ever touching, seeing, or selling a single gram of a controlled substance. Under federal law, the “crime” is the agreement itself. At Simons Law Office, we specialize in “unweaving” the web of conspiracy, protecting clients from being held responsible for the actions of people they may not even know.
The Legal Framework: 21 U.S.C. § 846
Under 21 U.S.C. § 846, the government does not need to prove that the drug crime was actually completed—only that there was an agreement to do so.
Elements of the offense:
- The Agreement: Two or more people reached an agreement to violate federal drug laws.
- Knowledge and Intent: The defendant knew the unlawful purpose of the agreement and joined it intentionally.
(Ref: Model Jury Instruction 11.1)
Strategic Defenses for Conspiracy
- The Buyer-Seller Exception: A simple transaction between a buyer and a seller is not a conspiracy. We argue that our client was an independent actor, not a member of a criminal “enterprise.”
- Mere Presence vs. Participation: Being in a room where a deal is discussed is not a crime. We force the government to prove intent and agreement, not just proximity.
- Challenging Quantity Attribution: In a conspiracy, you can be sentenced based on the total weight of drugs moved by the entire group. We fight to limit your “relevant conduct” to only what was reasonably foreseeable to you.
The Stakes: Conspiracy carries the same mandatory minimums as the underlying drug crime. A “small” role in a large conspiracy can still lead to a 10-year mandatory minimum sentence.
