Rockland County Drug Conspiracy Lawyer
Selling any controlled substance in Rockland County is illegal. This includes street drugs and drugs that you can only obtain with a prescription. However, many people are surprised to find they can face allegations of being part of a conspiracy sell drugs.
A conspiracy occurs when two or more people agree to participate in an illegal activity. Allegations of drug distribution are simply one of many types of criminal conspiracies that police officers and prosecutors can pursue.
A Rockland County drug conspiracy lawyer could help you if you are facing allegations of drug conspiracy activity. A dedicated drug attorney can explain how conspiracy laws work, evaluate any actions taken by you or any supposed co-conspirators, and fight in court to refute any allegations against you.
The Concept of Conspiracy in Criminal Law
Conspiracy is a rare criminal offense in that planning a crime may be illegal on its own. However, this only applies if two or more people are involved in the plan.
Further, according to New York Penal Code §105.00, conspiracy is a crime where the severity of the sentence rises according to the seriousness of the planned offense. For example, any allegation of drug distribution is at least a class D felony. As a result, a conspiracy charge for drug distribution is at least a class A misdemeanor. The higher the level of the underlying charge, the higher the level of the conspiracy charge. A Rockland County drug conspiracy lawyer could help defendants to understand the concept of conspiracy and the potential penalties for a conviction.
Working to Refute Allegations of Conspiracy
As discussed above, a prosecutor needs to prove that two or more people acted in concert to plan a crime to secure a conspiracy conviction. More specifically, New York Penal Law §105.20 says that no person is guilty of conspiracy unless a prosecutor proves that an overt act towards the furtherance of conspiracy is present. These overt acts may include:
- Working together to package drugs
- One partner selling drugs while the other drives a vehicle
- One partner serving as a watch-out during a sale
- Working together to contact clients
Because of this, many defenses focus on a person’s lack of action. Other defenses may focus on the fact that someone took steps to prevent the commission of a crime. If someone can provide proof that they repudiated the conspiracy, most often by reporting the criminal activity to the police before a crime actually took place, they may raise these facts as an affirmative defense. However, this may be difficult in a drug conspiracy case as simply possessing these illegal substances is a criminal act in an of itself. A Rockland County drug conspiracy lawyer could fight to refute the idea of a defendant taking overt actions taken towards committing a crime.
A Rockland County Drug Conspiracy Lawyer may be Able to Help You
Drug conspiracy allegations are unusual in that you do not need to actually commit a criminal offense to face charges. The idea of conspiracy allows police and prosecutors to allege that you were merely intended to commit a criminal offense. This is illegal on its own and can carry severe consequences. A Rockland County drug conspiracy lawyer can help you to refute allegations of being a part of a drug conspiracy. Call today to discuss your case.