With most crimes in Oklahoma, you have to actually commit the act for the court to convict you. But there are special circumstances where the court could convict a person for a crime they haven’t committed yet.
Understanding criminal conspiracy in Oklahoma
A conspiracy in Oklahoma is when two or more people make an agreement to commit a crime and have taken some steps towards carrying out that plan. For example, if someone is accused of conspiring to distribute a drug, they must have plotted with someone else to sell or distribute the drug and have a particular means and method of doing so in mind.
The prosecutor does not have to prove that the accused actually committed the crime or even took any physical steps towards doing so. It is enough to show that they had an arrangement and intended to break the law.
Penalties for drug conspiracy in Oklahoma
The most common conspiracy drug charges in Oklahoma are conspiracy to possess with intent to distribute (PWID), conspiracy to manufacture and conspiracy to import. PWID carries a sentence of two years to life in prison and a fine of up to $20,000. The other two charges each carry a penalty of up to 20 years in federal prison and a maximum fine of $50,000.
Other factors that can also affect sentencing include:
- The type of drug involved
- The amount of drug involved
- The defendant’s criminal history
- Whether the defendant has any prior conspiracy convictions
Possible defenses to conspiracy charges in Oklahoma
If charged with a conspiracy to commit a drug crime, you or your criminal defense attorney could use the following defenses to minimize the charge or have the case thrown out in court:
- You withdrew from the conspiracy before any crime was committed
- You did not have the required intent to agree or go through with the crime
- The police used entrapment methods to induce you into committing a crime they would not have otherwise committed
- There was no actual agreement between you and the other person or people involved
Basically, a person faces this charge in Oklahoma if there is a conspiracy that they are aware of and intentionally joined in selling, manufacturing or distributing a drug. Taking any steps (doesn’t have to be physical) toward their plan seals the deal for a conviction.