Texas Criminal Conspiracy Lawyer

Texas charges criminal conspiracy without requiring the underlying crime to happen at all. An agreement between two people, plus one overt act toward that agreement, is enough for prosecutors to file a felony charge under Penal Code Section 15.02.

The Law Offices of Richard C. McConathy has defended more than 6,000 criminal cases across Texas over more than 35 years, and Richard C. McConathy personally handles conspiracy charges from arraignment through trial. You work directly with him, not a case manager, and our firm takes calls related to an arrest 24 hours a day.

How The Law Offices of Richard C. McConathy Represent Criminal Conspiracy Cases

We build a defense around the actual evidence of agreement, the overt act prosecutors point to, and whether the state can connect you to a plan rather than just an association with someone who committed a crime. Conspiracy cases live and die on evidence of intent, not proximity to other people.

Your Case Gets an Attorney, Not an Assistant

Richard C. McConathy has handled more than 6,000 criminal cases across Texas, with more than 1,000 resulting in a dismissal, and he stays personally involved in every conspiracy case our firm takes on. You speak with him directly from your first call, not a paralegal relaying updates.

Our firm answers calls related to an arrest, an indictment, or a grand jury subpoena 24 hours a day, since conspiracy investigations move fast once one co-conspirator starts talking to police.

What Does Texas Law Require to Prove Criminal Conspiracy?

Texas law requires two specific elements to prove criminal conspiracy: an agreement between two or more people to commit a felony, and an overt act by at least one person toward carrying out that agreement.

The Two Elements Prosecutors Must Prove

Prosecutors do not need a written or spoken agreement to prove a conspiracy. Texas Penal Code Section 15.02 allows the state to infer an agreement from the actions of the people involved. Common evidence used to prove that agreement includes:

• Text messages, emails, or recorded calls discussing the planned offense.
• Financial records showing money moving between co-conspirators.
• Surveillance footage or witness testimony placing the accused at planning meetings.
• Statements from a co-conspirator who accepted a plea deal in exchange for testimony.

Texas law does not allow a conviction based on accomplice testimony alone under Code of Criminal Procedure Article 38.14, so the state needs independent evidence connecting you to the offense, not just a cooperating co-conspirator's word.

How Is Conspiracy Different From Being a Party to a Crime in Texas?

Criminal conspiracy and being a party to a crime are two separate legal theories under Texas law, and prosecutors can charge both from the same set of facts. Conspiracy under Penal Code Section 15.02 punishes the agreement itself, while acting as a party to an offense under Section 7.02 punishes someone for helping carry out a completed crime.

Conspiracy Charges Do Not Require You to Commit the Underlying Crime

The distinction between these two charges affects both the evidence prosecutors need and the defense that fits the case. Key differences include:

• Conspiracy applies even if the underlying felony never happens, as long as an overt act occurred.
• Party liability under Section 7.02 requires the underlying offense to actually happen.
• Conspiracy punishes the agreement one category below the object felony.
• Party liability punishes the accused at the same level as the offense actually committed.

An indictment naming both theories requires identifying exactly what the state has to prove under each one, which becomes a central part of building a defense.

What Are the Penalties for a Criminal Conspiracy Conviction in Texas?

Texas punishes a criminal conspiracy conviction one category lower than the most serious felony that was the object of the agreement, with a state jail felony object reducing the charge to a Class A misdemeanor.

Criminal Conspiracy Penalty Levels in Texas

The table below shows how the penalty for conspiracy tracks the severity of the underlying offense prosecutors allege was the target of the agreement.

This structure means a conspiracy charge tied to a serious felony still carries substantial prison time, even without the underlying crime ever taking place.

Factors That Affect Sentencing

Several specific facts shape where a conspiracy sentence lands within its assigned range. These factors include:

• The number of people named as co-conspirators in the indictment.
• Whether the accused played a leadership role in planning the offense.
• Any prior felony convictions on the accused's record.
• How far the group's actions progressed toward the completed offense.

A judge weighs these factors alongside the strength of the state's evidence, which is why the specific overt act alleged carries as much weight as the underlying object felony itself.

What Happens After a Criminal Conspiracy Arrest in Texas?

An arrest for criminal conspiracy in Texas leads to a grand jury review, a formal indictment naming each co-conspirator, and an arraignment where the accused enters a plea.

Conspiracy cases involve more moving parts than a single-defendant case, since multiple people connected to the same agreement move through the court system together. The process includes:

• A grand jury reviews the evidence and decides whether to indict each named co-conspirator.
• Prosecutors decide whether to try co-defendants together or request separate trials.
• Plea negotiations with one co-conspirator affects the evidence used against the others.
• Pretrial motions address whether a co-conspirator's out-of-court statements are admissible against the accused.

What Should You Do If You Suspect You're Under Investigation for Conspiracy?

Being under investigation for conspiracy in Texas means law enforcement is building a case before making an arrest, often through phone records, financial subpoenas, or a cooperating witness already talking to prosecutors. That stage of a case carries just as much weight as the arrest itself.

Signs of an active investigation include direct contact from an investigator, a formal notice that you are a person of interest, or associates connected to you getting approached separately by police. None of these situations require an arrest to warrant a serious response.

What to Avoid Before You Talk to an Attorney

Speaking with investigators without legal representation ranks among the most common mistakes people make during a conspiracy investigation. Prosecutors use statements made informally, even ones meant to clear up confusion, to help establish the agreement element they need to build a case.

The Fifth Amendment protects you from answering an investigator's questions, and invoking that right is not evidence of guilt, no matter how the investigator frames the choice.

• Deleting messages, contacting co-conspirators to compare stories, or destroying records connected to the case may also create a separate charge for evidence tampering, on top of the original conspiracy allegation. Each of those actions gives prosecutors new evidence rather than removing old evidence from the case.
• An attorney contacted before an arrest happens has an opportunity to intervene early, before a grand jury convenes and before it files an indictment. That timing plays a direct role in whether a case ends with a declined charge, a reduced charge, or a full indictment. This decision point, more than almost any other in a conspiracy case, belongs in the hands of someone who has handled it before.

FAQs for the Texas Criminal Conspiracy Lawyer at the Law Offices of Richard C. McConathy

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The Law Offices of Richard C. McConathy defends conspiracy charges across Texas, from a single-count indictment through a multi-defendant case.