Next year is the 150th anniversary of the assassination of President Abraham Lincoln. History tells us that this tragedy resulted from a conspiracy hatched by Confederate sympathizers. The most famous conspirator–and Lincoln’s assassin–is John Wilkes Booth, but several others played a major role in advancing the plot.
The conspirators intended to assassinate four Union officials that night, including Secretary of State William Seward, who received serious stab wounds from his would-be assassin. Ultimately, even though the conceived plot fell short of its original goals, the plan of attack for April 14, 1865, ranks among the most famous criminal conspiracies in American history. While the Lincoln conspirators were not subject to Illinois law, their intended plot and course of action effectively illustrate the elements of state conspiracy law.
Crime and Punishment: The Elements of a Criminal Conspiracy
Conspiracy is an offense at both the state and federal levels, and it can involve many different underlying crimes, from assassination attempts to drug rings.
Generally, it is a conspiracy when two or more people agree to commit an offense and actually intend for that offense to be committed. Under both state law and federal law, a conspiracy charge will not stick unless one of the conspirators takes action. In other words, there must be proof that someone acted in furtherance of the alleged agreement. With the Lincoln conspiracy, the actual assassination of Lincoln is an obvious example. Another example would be staking out Ford’s Theater before the assassination attempt.
While murder plots may grab headlines, on a practical level the most common conspiracy charges usually involve drugs. In the “war of drugs” investigators often conduct investigations into drug trafficking rings that turn up many different names. All those mentioned in wiretaps or video surveillance may end up facing drug conspiracy charges, no matter how large or small their potential role in the operation.
The consequences of conspiring to commit a crime are severe. In Illinois, for example, the law classifies conspiracy based on the underlying crime that the conspirators intended to commit. A conspiracy to commit a Class X felony (such as rape, kidnapping or armed robbery) is itself a Class 1 felony, punishable by four to 15 years in prison and a $25,000 fine. A conspiracy to commit a Class 1 felony (such as possession of heroin or cocaine) is itself a Class 2 felony, punishable by three to seven years in prison and a $25,000 fine.
Additionally, state law classifies specific criminal conspiracies as Class X felonies. If you conspire to commit one of the following crimes, you will be sentenced for a Class X felony, punishable by six to 30 years in prison and a $25,000 fine:
- Aggravated insurance fraud, if the defendant organized the conspiracy; or
- Aggravated governmental entity insurance fraud, if the defendant organized the conspiracy.
There are other specific criminal classifications for different felony levels. Conspiracy is a complicated offense that requires a competent defense.
Mounting an Effective Defense to a Conspiracy Charge
One important point to note is that you cannot defend yourself based on the status of a co-conspirator’s criminal prosecution. Thus, you cannot base your defense on the fact that a co-conspirator:
- Has not been prosecuted or convicted;
- Has been convicted of a different offense;
- Is not amenable to justice;
- Has been acquitted; or
- Lacked the capacity to commit an offense.
Mounting a successful defense to a conspiracy charge is tricky, which is why you need an experienced Chicago criminal defense attorney. Contact us today for a consultation. We can assist those in Chicago and the surrounding area.