What Are Drug Conspiracy Charges?
Under Colorado law, a person can face various criminal charges connected to the possession and distribution of drugs. Depending on the specific facts of the case, a person may face a range of charges from misdemeanors to felonies, and in some cases may face multiple types of drug-related charges. The particular charges will depend on the type of drug or controlled substance, the amount of the drug or controlled substance, and the person’s criminal record and previous history of drug offenses. When the case involves allegations against multiple people concerning the manufacturing or distribution of drugs or related offenses, one or more of the people involved could face drug conspiracy charges.
What are drug conspiracy charges and what should you do if you have been charged? An experienced Colorado drug crime defense attorney at DeChant Law can tell you more.
Understanding Conspiracy as a Criminal Offense in Colorado
The criminal offense of conspiracy to commit a crime can apply to almost any type of crime in Colorado, including conspiracy to commit a drug crime. Under Colorado Rev. Stat. Section 18-2-201, a person can face charges for conspiracy to commit a crime:
“If, with the intent to promote or facilitate its commission, he agrees with another person or persons that they, or one of more of them, will engage in conduct which constitutes a crime or an attempt to commit a crime, or he agrees to aid the other person or persons in the planning or commission of a crime or of an attempt to commit such a crime.”
The statute explains additional elements of the offense of conspiracy to commit a crime. In brief, the following are the general elements that a prosecutor will need to prove in order to convict you of conspiracy to commit a drug crime or another type of criminal offense:
- Two or more people;
- Agree to commit, or agree to plan to commit a crime; and
- An overt act in pursuance of the conspiracy is committed by at least one of the people.
To be clear, an actual crime does not have to be committed for a person to face conspiracy charges. In addition, the “overt act” does not need to be committed by all of the people involved, as long as one person engages in an overt act in furtherance of the conspiracy.
Conspiracy Charges and Drug Crimes
There are a wide range of drug offenses in Colorado for which a person could face conspiracy charges, including possession, using, manufacturing, or selling drugs. Even if no drugs are ever used, possessed, manufactured, or sold, conspiracy charges can still be filed and one or more people who are part of the alleged conspiracy can be convicted if the prosecution proves the above elements.
The penalties for a drug conspiracy conviction alone will depend on the category of crime around which the conspiracy was charged.
Contact a Denver Drug Crime Defense Lawyer
If you are facing any kind of drug conspiracy charges or any other type of drug charges in Colorado, it is essential to seek legal help with your defense. One of the experienced Denver drug crime defense attorneys at DeChant Law can begin working with you today to understand the details of your case and to begin building a defense strategy that is tailored to the facts surrounding your arrest. Contact us today for help with your drug crime defense.
Sources:
law.justia.com/codes/colorado/title-18/article-2/part-2/section-18-2-201/
law.justia.com/codes/colorado/title-18/article-2/part-2/section-18-2-206/#:~:text=(a)%20Except%20as%20otherwise%20provided,a%20level%204%20drug%20felony
