Conspiracy is nothing more than an “agreement” to commit a crime. To be convicted of conspiracy, the prosecution must prove the agreement and prove a substantial step (or overt act) was taken in furtherance of the agreement. However, the “overt act” does not have to be illegal. (For example, it is legal to own a car, but if a car is purchased as part of an agreement to commit a robbery, then purchasing the car might also be an overt act.)
The punishment for conspiracy under Oklahoma laws is generally the same as the punishment for the underlying crime (for example robbery) or in some cases is one-half of the punishment range for the underlying charge. In the federal courts, the crime of conspiracy is generally punishable by up to five years in prison. Some federal conspiracy statutes such as conspiracy to deliver drugs, however, carry a greater punishment (often the same punishment as the underlying drug charge–which can be up to life in prison).
Although it is illegal to engage in a “conspiracy” to violate both Oklahoma and federal laws, the crime of conspiracy is more often charged in federal drug or white collar cases than in state crimes prosecuted in Oklahoma.
There are defenses to the crime of conspiracy. Thus, it is important to hire counsel who have experience in this area of the law. Call the Wyatt Law Office at 405.234.5500 to reach your Oklahoma Conspiracy Crimes Lawyers and Attorneys. Your future is our business.
Split Verdict in police corruption allegations. After a three-and-a-half week jury trial in Tulsa (August 2011), Officer Jeff Henderson was found not guilty of 44 counts of drug possession and distribution, witness tampering, perjury, conspiracy, and civil rights violations. There were 11 separate conspiracy counts–all NOT guilty. The court merged four of the perjury charges into other counts. One count of bribery was dismissed by the judge during trial, but the jury found Mr. Henderson guilty of two misdemeanor civil rights violations and guilty on 6 counts of perjury. Wyatt has filed an appeal. (See Tulsa World for articles.)
Federal drug case Dismissed. After Wyatt’s defense investigation of federal drug charge involving allegations that the client possessed 11 pounds (5 kilos) of meth with intent to distribute, government dismissed rather than face trial. *
Federal White Collar charges Dismissed. Client charged with conspiracy to defraud investors in an alleged $1.2 million advance fee scheme. At a “James” hearing to determine scope of conspiracy, Wyatt showed that government had no proof against his client. Government counsel agreed to dismiss the charges against Wyatt’s client; all other defendants still faced charges.*
Minimal Punishment for Federal Antitrust Price Fixing charge. Client accused of orchestrating gasoline price-fixing scheme with volume of commerce in excess of $5 million. Jury returned guilty verdict for Sherman Antitrust Act price-fixing violation, but judge ordered only probation (with no restitution) based on evidence developed at trial and in mitigation.*
Conviction Reversed, case Dismissed. In the early 1990s, Bob Wyatt was co-counsel to two obstetric physicians and surgeons charged with multiple counts of “healthcare fraud” for alleged violation of CHAMPUS regulations as it related to over 100 patients of the surgery center. This four-year federal investigation in parallel civil and criminal proceedings concluded in a guilty verdict on all but one charge; however, Wyatt convinced the federal appeals court to reverse the conviction with orders to dismiss the charges for lack of merit. Bob Wyatt briefed and argued the appeal to the U.S. Court of Appeals for the Tenth Circuit. (See “Published.”)*
*Note: Results may vary because each case must be decided on its own unique facts and the law applicable to that given case. You should not infer the likelihood of success on a given case based on past cases handled by this firm.