Is Conspiracy to Commit Murder as Serious as Murder?

 Posted on June 08, 2025 in Criminal Defense

Conspiracy charges are often filed against those involved in violent crimes like murder, as well as charges like fraud, embezzlement, distribution of drugs, or any type of crime involving more than one person. Alleged gang members are often charged with conspiracy if the criminal offense is "gang-related." Organized crimes may also incur conspiracy charges.

Conspiracy is charged when the prosecution believes a person has knowledge that a crime was about to be committed or when a person benefits from the commission of a criminal act. Because conspiracy crime statutes are often broadly worded, prosecutors may file conspiracy charges as a way of gaining leverage over a wider range of people than those charged with the actual commission of the crime.

If you have been charged with conspiracy, especially conspiracy to commit murder, it is extremely important that you speak to a knowledgeable Centreville, MD violent crimes attorney. The penalties for a conspiracy charge are often almost as harsh as the underlying crime, so having an experienced criminal defense attorney is crucial.   

What Is a Conspiracy to Commit a Crime?

A conspiracy occurs when two or more people reach an agreement to commit a criminal act. The agreement does not have to be spoken or written – it can be direct or implied. Even if the underlying crime is not carried out, the act of preparing for or planning a crime can still be charged.

In the case of murder, there are specific elements that must be proven for a person to be charged and convicted of the crime of conspiracy to commit murder. These elements include:

• A voluntary agreement must have been reached between two or more individuals to take the life of another person.
• There must have been clear intent on the part of the conspirators to commit the murder.
• There must have been an overt act in furtherance of the agreement; at least one of the individuals involved in planning the murder must have taken a "substantial" step toward its execution. This could include the purchase of a weapon, discussions regarding the details of the murder, or surveillance of the proposed victim.

What Are the Penalties for Conspiracy to Commit Murder?

The punishment for conspiracy cannot exceed the maximum sentence for the crime in question, which means the punishment for conspiracy to commit a certain crime is usually only slightly less than the punishment for the actual crime or equal to the actual crime. If a defendant is charged with murder in the first degree in the state of Maryland, this means the murder was deliberate, premeditated, and willful and may have been committed in the furtherance of another felony.

The penalties for murder in the first degree are life in prison without the possibility of parole or life in prison with the possibility of parole. A person who solicits or conspires with another to commit murder in the first degree is guilty of murder in the first degree if the death of another occurs as a result of the conspiracy.  

What Are the Most Common Defenses to Conspiracy to Commit Murder?

A criminal defense attorney will carefully craft each defendant’s defense specifically to the facts and circumstances of the case. The most common defenses to conspiracy to commit murder include:

• The defendant had no intent to commit murder.
• There was no clear agreement between the defendant and others to commit murder.
• The defendant withdrew from the conspiracy or abandoned the plan to commit murder.
• The defendant committed no overt act in the furtherance of the murder.
• The defendant is being falsely accused of conspiring to commit murder.
• The defendant has no knowledge of the conspiracy.
• There is insufficient evidence to prove conspiracy.

Contact an Anne Arundel County, MD Defense Lawyer

If you are facing charges of conspiracy to commit murder, the sooner you speak to an Annapolis, MD violent crimes attorney from Henley & Henley, Attorneys at Law, the better your outcome could be. Our firm attorneys have more than 50 years of combined legal experience. Call 410-280-0530 to schedule an initial attorney meeting.