What is a Conspiracy in FL?
A conspiracy is an agreement, whether express or implied, between at least 2 people (one of whom is neither a cop nor is working for the cops) to commit a criminal offense, coupled with the intent that the crime be committed, regardless of whether the crime ever actually occurs or not.
The crime of conspiracy is separate and distinct from the intended offense, meaning that you can be prosecuted and punished for both the conspiracy and the completed crime.
If you just aid or abet another, or if you are merely present when a crime occurs then you have not committed the crime of conspiracy. Why? Because a conspiracy requires both a pre-existing agreement and the requisite intent to commit the crime.
Like solicitation, it is irrelevant to a conspiracy charge that the intended crime never came to pass, but unlike solicitation, you cannot avoid a conspiracy prosecution by way of simple abandonment. In order to effectively withdraw from a conspiracy the law requires that you actually prevent or persuade your co-conspirators from going forward with the crime.
If you are convicted of conspiracy in FL then the level of the offense is determined by reducing the level of the intended crime by one, so if you conspired to commit a 1st degree felony then as the crime is a 1st degree felony the conspiracy is a 2nd , if you conspired to commit a 3rd degree felony then as the crime is a 3rd degree felony the conspiracy is a 1st degree misdemeanor.
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