Conspiracy Charges in Indiana

Conspiracy is a serious and complex criminal offense that involves an agreement between two or more individuals to commit a crime, even if the crime itself is never completed. The complexity of conspiracy charges in Indiana lies in the fact that you can be held liable for the actions of others, based solely on an alleged agreement. Given the severe penalties and the intricate nature of these charges, it’s essential to have a clear understanding of what constitutes a conspiracy, how it’s prosecuted in Indiana, and the potential defenses available to you. 

Facing criminal charges can be an overwhelming and intimidating experience, especially for individuals accused of conspiracy. Thankfully, the Indiana criminal defense lawyers at Keffer Hirschauer LLP have extensive experience both prosecuting and defending against such charges. Our Indianapolis law firm is led by two former deputy prosecutors who have experience on both sides of the criminal justice system. They understand how prosecutors approach cases of conspiracy in Indiana, and what defense strategies are best deployed in such matters. To work alongside an attorney who is invested in securing you the best possible outcome in the case against you, contact our firm today at 317-751-7186 or complete our online contact form to schedule a free consultation. 

Overview of Conspiracy Charges in Indiana 

Under Indiana Code 35-41-5-2, a person can be charged with felony conspiracy if they agree with another individual to commit a felony, with the intent to carry out the crime. This means that simply agreeing to commit a felony, even if no action has been taken yet, is enough to face conspiracy charges in Indiana. However, the state must also prove that at least one member of the conspiracy took an overt act to further the criminal agreement. In other words, while the agreement itself is essential to a conspiracy charge, it is not sufficient on its own—there must be evidence of action that moves the conspiracy toward its execution. 

Under state law, conspiracy to commit a felony is a felony of the same level as the underlying felony. That said, conspiracy to commit murder in Indiana is considered a Level 2 felony if the conspiracy did not result in the death of another person; and a Level 1 felony if the conspiracy did result in the death of another person.  

It’s important to understand that a person may still face conspiracy charges in Indiana even if the person with whom they conspired has not been prosecuted or convicted or acquitted or convicted of a different crime. On top of that, it is not a defense that the person with whom they conspired cannot be prosecuted for any reason or lacked the capacity to commit the crime.  

Potential Penalties for Criminal Conspiracy in Indiana

The penalties for conspiracy charges in Indiana can be severe and vary depending on the nature of the alleged crime and the specific circumstances involved. Under Indiana law, conspiracy is generally charged at the same level as the most serious offense that was the object of the conspiracy. This means that the penalties can range from misdemeanors to serious felonies, depending on the intended crime. 

At the lower end, if the conspiracy involves a crime classified as a misdemeanor the act could be charged as a Class C, Class B, or Class A Misdemeanor. Depending on the level of criminal misdemeanor in Indiana, under the Indiana Sentencing Guidelines, the potential penalties are as follows:  

• Class C Misdemeanor: 0-2 months incarceration; fines of up to $5,000 

• Class B Misdemeanor: 0-6 months incarceration; fines of up to $1,000 

• Class A Misdemeanor: 0-12 months incarceration; fines of up to $5,000 

If the conspiracy involves more serious crimes, the charges can be elevated to felonies, with significantly harsher penalties. as outlined in Indiana Code 35-50-2, the potential penalties for felony-level conspiracy charges are as follows: 

• Level 6 Felony: 6-18 months of incarceration; fines of up to $10,000 

• Level 5 Felony: 1-6 years of incarceration; fines of up to $10,000 

• Level 4 Felony: 2-12 years of incarceration; fines of up to $10,000 

• Level 3 Felony: 3-16 years of incarceration; fines of up to $10,000 

• Level 2 Felony: 10-30 years of incarceration; fines of up to $10,000 

• Level 1 Felony: 20-40 years of incarceration; fines of up to $10,000 

In addition to these criminal penalties, a conviction for conspiracy can lead to a range of collateral consequences. Convicted individuals may face the loss of professional licensure in Indiana, ineligibility for public benefits such as housing assistance, financial or educational loans, and restrictions on voting rights and firearm ownership. These collateral consequences can have long-lasting impacts on an individual’s personal and professional life, underscoring the seriousness of conspiracy charges in Indiana. 

Common Defense Strategies for Accusations of Conspiracy

When facing conspiracy charges in Indiana, a strong and well-thought-out defense strategy is essential to protect your rights and freedom. Because conspiracy charges can be complex—often involving multiple parties, intricate agreements, and the prosecution’s reliance on circumstantial evidence—various defense strategies may be employed depending on the specifics of your case. Here are some common defense strategies that experienced criminal defense attorneys might use to defend against conspiracy charges in Indiana: 

• Lack of Agreement: One of the fundamental elements the prosecution must prove in a conspiracy case is the existence of an agreement between two or more parties to commit a crime. A common defense strategy is to challenge the existence of this agreement. Your attorney might argue that no such agreement existed, or that any communication between the parties did not constitute a criminal conspiracy. This defense can be particularly effective if the prosecution’s case is based on weak or circumstantial evidence, such as overheard conversations or ambiguous interactions. 
• Withdrawal from the Conspiracy: Another defense strategy involves demonstrating that you withdrew from the conspiracy before the commission of any overt act toward the crime. In Indiana, if you can show that you took affirmative steps to abandon the conspiracy and communicated your withdrawal to your co-conspirators, you may avoid liability. Evidence of your withdrawal might include actions such as informing the authorities, warning potential victims, or explicitly communicating your intention to withdraw to other conspirators. 
• Lack of Intent: Intent is a crucial component of a conspiracy charge. The prosecution must prove that you knowingly and intentionally agreed to participate in the criminal plan. If your attorney can show that you did not have the requisite intent, you may be able to defeat the charges. This defense may be used if you were unknowingly involved in the alleged conspiracy, or if your actions were misinterpreted as part of a criminal agreement when they were not. 
• Entrapment: Entrapment occurs when law enforcement officers or agents induce a person to commit a crime they would not have otherwise committed. If you can demonstrate that you were coerced or persuaded by law enforcement into joining a conspiracy, you may have a valid entrapment defense. This defense is often used in cases where undercover officers or informants are involved, and it requires showing that the idea to commit the crime originated with the authorities, not with the defendant. 
• Insufficient Evidence: Conspiracy cases often rely on circumstantial evidence, which can sometimes be weak or open to multiple interpretations. A defense strategy may involve attacking the sufficiency of the prosecution’s evidence. This could include questioning the credibility of key witnesses, challenging the validity of recorded communications, or highlighting inconsistencies in the prosecution’s case. If the evidence against you is not strong enough to meet the burden of proof beyond a reasonable doubt, your attorney may seek to have the charges dismissed or reduced. 
• Impossibility: In some cases, a defense strategy might involve demonstrating that it was impossible for the conspiracy to achieve its objective. This could be due to external factors or because the criminal plan was inherently flawed or unrealistic. If the conspiracy could not have succeeded, your attorney might argue that you should not be held liable for an impossible crime. 
• Duress: If you were forced into participating in the conspiracy under threat of harm to yourself or others, you might have a defense based on duress. To successfully claim duress, you would need to show that you were compelled to engage in the conspiracy against your will due to immediate threats of serious bodily harm or death, and that you had no reasonable opportunity to escape the situation. 
• Mistake of Fact: A mistake of fact defense involves arguing that you were mistaken about a key fact that negates your intent to join the conspiracy. For example, if you believed that your actions were legal or that you were not engaging in a criminal activity, you may be able to use this defense. However, this defense is more likely to be successful if the mistake was reasonable and in good faith. 
• No Overt Act: In Indiana, for a conspiracy charge to hold, the prosecution must prove that at least one overt act was committed in furtherance of the conspiracy. If your attorney can show that no such overt act occurred, or that the act was unrelated to the alleged conspiracy, you may be able to defeat the conspiracy charges. 

Defending against conspiracy charges in Indiana requires a thorough understanding of both the law and the specific facts of your case. A skilled Indiana criminal defense attorney will analyze all aspects of the charges against you and tailor a defense strategy that best protects your rights and interests. Whether challenging the existence of an agreement, demonstrating a lack of intent, or asserting a valid legal defense such as withdrawal or entrapment, the right defense strategy can make a critical difference in the outcome of your case. If you are facing conspiracy charges, it is crucial to consult with one of the best defense lawyers in Indiana. They will be able to help you navigate this complex legal landscape and advocate on your behalf. 

Facing Conspiracy Charges in Indiana? 

Conspiracy charges in Indiana are serious and complex, carrying the potential for severe penalties and lasting consequences on your life. Whether you’re accused of conspiring to commit a misdemeanor or a major felony, the stakes are incredibly high. Understanding the law, the potential defenses available to you, and the serious nature of the charges is essential for protecting your rights and future. 

If you or a loved one is facing conspiracy charges, it is imperative to act quickly and secure experienced legal representation. At Keffer Hirschauer LLP, our dedicated Indiana criminal defense attorneys have the knowledge and expertise to navigate the intricacies of conspiracy cases. We will work tirelessly to build a strong defense, challenge the prosecution’s evidence, and pursue the best possible outcome for your situation. 

Don’t leave your future to chance—contact Keffer Hirschauer LLP today at 317-751-7186 or complete our online contact form to schedule a free consultation. We are here to provide the guidance, support, and defense you need during this challenging time.