For you to be charged with conspiracy to commit trafficking in North Carolina, the prosecution must prove three key elements. First, there must be an agreement between you and at least one other person to engage in drug trafficking. Second, you must have the intent to further the plan, and lastly, at least one person involved must have taken a tangible step or overt act toward committing the offense.
For instance, if you and another individual discussed selling a large quantity of controlled substances and began making the necessary arrangements to purchase those drugs, it could amount to a criminal conspiracy. Even seemingly minor actions like scouting locations for selling the drugs or planning a distribution route can amount to an overt act in furtherance of the agreement.
It’s worth noting that you don’t have to be directly involved in the actual drug trade or accomplish your plans to be charged with conspiracy to commit trafficking.
The legal penalties and potential defenses
In North Carolina, conspiracy to commit trafficking is often charged as the underlying offense, which means the penalties may mirror those for the actual drug trafficking offense. While it all comes down to the particulars of your charges, you could face years in prison and hefty fines if convicted.
Fighting criminal conspiracy charges requires deconstructing the prosecution’s argument. You may, for example, demonstrate a lack of agreement or intent to commit the offense. Similarly, you could argue that there was no overt act by the individuals involved. However, it’s easier said than done.
Reaching out for qualified guidance to craft a defense strategy tailored to the unique aspects of your case and navigate the legal system can significantly increase the chances of a desirable outcome.