NYC Federal Conspiracy Defense Attorney

When facing federal conspiracy charges in New York City, you need an experienced attorney who understands the complexities of federal criminal law and the prosecution’s tactics. Federal conspiracy cases are perhaps one of the most serious criminal charges you can face, carrying nuanced penalties.

A federal conspiracy charge means prosecutors claim you entered into an agreement with others to commit a federal crime, even if the underlying crime was not completed. These cases involve extensive investigations, wiretaps, and cooperating witnesses, requiring a defense attorney with knowledge of federal procedures, evidence rules, and negotiation strategies.

Our experienced NYC federal conspiracy defense lawyer and former prosecutor, Mehdi Essmidi, has successfully defended clients against a number of federal charges. We understand that your freedom and future are at stake, and we’re committed to providing aggressive legal representation. Contact our office today for a free consultation.

Federal Conspiracy

Federal conspiracy charges are typically prosecuted under 18 U.S.C. § 371, which makes it a crime to conspire to commit any offense against the United States or to defraud the United States.

A federal conspiracy charge is a serious accusation that carries severe penalties. It involves an agreement between two or more individuals to commit a federal crime. Even if the planned crime was never executed, you can still be charged and convicted of conspiracy. This is because the crime of conspiracy is the agreement itself, not the execution of the illegal act.

The penalties for a federal conspiracy conviction can be severe, including prison sentences, substantial fines, and a criminal record. The specific penalties will depend on the nature of the underlying crime that was planned. For example, a conspiracy to commit a drug trafficking offense may carry different penalties than a conspiracy to commit fraud.

It’s crucial to remember that being charged with a federal conspiracy does not mean you are guilty. The prosecution must prove beyond a reasonable doubt that an agreement existed and that you knowingly participated in it with the intent to commit a crime. This is often difficult to prove, especially when you have an experienced defense attorney challenging evidence and arguments.

Federal Conspiracy Charges

Federal conspiracy charges can be brought for a variety of crimes, including:

• Drug Trafficking
• Racketeering
• Fraud
• Money Laundering
• Terrorism
• Murder
• Arson
• Theft
• Bribery
• Tax Fraud
• Immigration Fraud
• Computer Fraud
• Securities Fraud

Defenses Against Federal Conspiracy Charges

The specific defenses against federal conspiracy charges will depend on the facts and circumstances of each case.

Lack of Agreement

One of the key elements of a federal conspiracy charge is an agreement between two or more individuals to commit a federal crime. If the defendant did not have an agreement with another person to commit a crime, they cannot be convicted of federal conspiracy.

Withdrawal from the Conspiracy

If the defendant withdrew from the conspiracy before the crime was committed, they may have a defense to federal conspiracy charges. To establish this defense, the defendant must prove that they took affirmative steps to renounce the conspiracy and prevent its commission.

Entrapment

If the defendant was induced or coerced by law enforcement to participate in the conspiracy, they may have a defense of entrapment. This defense may apply if the defendant had no previous intent to participate in criminal activity, but was induced or coerced by law enforcement to participate in the conspiracy.

Insufficient Evidence

To prove a federal conspiracy charge, the prosecution must present evidence demonstrating that the defendant agreed with another person to commit a federal crime and took an overt act in furtherance of the agreement. If the prosecution’s evidence is weak or insufficient to prove these elements, the defendant may have a defense to the federal conspiracy charge.

Contact Us For A Free Consultation

If you are facing federal conspiracy charges, it is crucial to have an experienced federal conspiracy defense attorney on your side. At The Law Offices of Mehdi Essmidi, we provide aggressive and experienced criminal defense representation for federal conspiracy charges. Contact us today for a free consultation.

Frequently Asked Questions

How do federal prosecutors build a federal conspiracy case?

Federal prosecutors often build these cases by demonstrating that defendants entered into an agreement to commit a federal crime and that at least one overt act was taken in the interest of the criminal plan. They may use communications, financial records, and testimony from co-conspirators or undercover agents to prove the existence of the conspiracy.

What’s the difference between conspiracy charges in state versus federal court?

Federal conspiracy charges are prosecuted by federal prosecutors when the alleged criminal activity crosses state lines, involves federal agencies, or targets the federal government. The federal law governing conspiracy is often broader than state laws, and federal sentencing guidelines can result in more severe penalties than similar charges in state court.

How does New York handle conspiracy cases?

The Southern District and Eastern District of New York are known for prosecuting high-profile conspiracy cases involving wire fraud, securities fraud, and other white-collar crimes. These federal courts have experienced prosecutors and judges who regularly handle complex cases involving multiple alleged conspirators and extensive criminal activity.

What role does an attorney’s office play in federal conspiracy prosecutions?

The attorney’s office at the federal level leads the prosecution of federal conspiracy cases. They work closely with federal agencies to investigate criminal responsibility among conspirators and determine appropriate charges under federal law.

When should I hire a federal criminal defense lawyer for conspiracy allegations?

Contact a federal criminal defense lawyer as soon as possible. A criminal defense lawyer experienced in federal court can help protect your rights during questioning, negotiate with prosecutors, and build a defense strategy tailored to the unique aspects of federal criminal defense.

How do federal sentencing guidelines apply to conspiracy convictions?

Federal sentencing guidelines consider the defendant’s role in the conspiracy, the scope of criminal activity, and whether the defendant accepted responsibility. The guidelines can result in significant prison time, especially for conspiracies involving wire fraud, securities fraud, or other serious federal crimes.

What is an overt act in a federal conspiracy case?

An overt act is any action taken by any conspirator to help execute the criminal plan, no matter how minor. This could include making phone calls, transferring money, or even seemingly innocent activities that further the conspiracy’s goals. Federal law requires proof of at least one overt act to convict for conspiracy.