Not always. These statements may be challenged on grounds of credibility, bias, or incentives offered in exchange for testimony. Informant and co-defendant testimony is among the most scrutinized evidence in criminal cases, and juries are instructed to evaluate it with particular care. Additionally, Texas law requires that accomplice-witness testimony must be corroborated before it can be admitted or considered. Challenging such testimony requires aggressive pretrial and trial litigation and the preparation of properly worded instructions to the jury.
Houston Conspiracy Attorney
A conspiracy charge can expose you to serious criminal penalties, even if the alleged crime was never completed. Prosecutors build these cases on statements, associations, and circumstantial evidence, and they often file conspiracy charges alongside other allegations to expand liability and increase pressure. If you have been accused of participating in a criminal conspiracy, the strength of your defense depends heavily on how quickly you act.
The Downey Law Firm is available 24/7 for people facing serious charges. Call (713) 651-0400 today or contact us online to schedule your free consultation.
Why Choose The Downey Law Firm
Conspiracy cases are layered, the evidence is often indirect, and the government’s theory can feel impossible to untangle without someone who has been inside the process. Our founder, attorney Chris Downey, has. Before founding this firm, he prosecuted felonies for the Harris County District Attorney’s Office, trying more than 60 jury cases. He did not just observe how conspiracy prosecutions are built. He built them.
Chris is a Board-Certified Criminal Law Specialist who has served on the faculty of the State Bar of Texas Advanced Criminal Law Seminars, lecturing on the kinds of complex criminal issues that rarely come up in a general practice. That depth of experience is what this firm brings to every case, along with something clients consistently describe as unexpected: criminal defense lawyers who are genuinely invested in the outcome, not just the process. If there is a way through this, we will find it.
What Is Criminal Conspiracy Under Texas Law?
Under Texas Penal Code Section 15.02, criminal conspiracy occurs when a person, with the intent that a felony be committed, agrees with one or more others to engage in conduct constituting that offense, and at least one party performs an overt act in furtherance of the agreement. The underlying crime does not need to be completed for charges to apply.
To secure a conviction, the state must prove:
- An agreement between two or more parties to commit a felony
- Intent to commit that specific offense
- An overt act taken in furtherance of the agreement
Under Texas Penal Code Chapter 7, a person can also be held criminally responsible for a felony committed by a co-conspirator if it was committed in furtherance of the unlawful purpose, even without direct participation.
When Conspiracy Charges Are Filed in Houston
Conspiracy allegations commonly attach to:
- Drug trafficking or distribution
- Fraud and financial crimes
- Organized criminal activity
- Theft or burglary schemes
- Violent offenses involving multiple individuals
The conspiracy charge level mirrors the underlying felony offense, minus one degree. For example, a conspiracy to commit a first-degree felony is charged as a second-degree felony. A conspiracy tied to a state jail felony becomes a Class A misdemeanor. A charge of conspiracy should be distinguished from an allegation of Engaging In Organized Criminal Activity, a separate offense which actually increases the punishment of the underlying felony offense by one degree.
Defense Strategies for Conspiracy Charges
The most effective defenses focus on challenging the foundation of the prosecution’s case rather than accepting their story. Common strategies include:
- Challenging whether an actual agreement existed
- Arguing a lack of intent to participate in a crime
- Disputing the existence of any qualifying overt act
- Attacking the credibility of co-defendants, witnesses or informants
- Demonstrating that the defendant was present or associated with others but did not knowingly participate
- Arguing the sufficiency of evidence or that evidence obtained by co-defendants or accomplices lack requisite corroboration
Each of these defenses requires a detailed review of how the case was investigated, what evidence the prosecution actually has, and whether that evidence can withstand scrutiny. Conspiracy cases are built on interpretation as much as fact, and the prosecution’s version of events is rarely the only plausible one.
Evidence obtained through unlawful searches may also be challenged under Texas Code of Criminal Procedure Article 38.23, Texas’s exclusionary rule. When law enforcement crosses constitutional lines during an investigation, suppression of that evidence can significantly weaken or collapse the prosecution’s case. In some conspiracy matters, particularly those involving surveillance or undercover operations, suppression issues can be among the most powerful tools available to the defense.
When Is It Time to Call a Criminal Defense Lawyer?
The answer is sooner than you likely think. If you believe you are under investigation, contact our attorneys before speaking with anyone else. If law enforcement calls you in for questioning, even framed as informal or voluntary, you need representation before that conversation happens.
Immediately after an arrest is an obvious moment, but the hours before charges are formally filed matter just as much. Anything said to investigators, co-defendants, or even family members can surface later. The earlier The Downey Law Firm is involved in your case, the more options remain on the table.
Frequently Asked Questions About Conspiracy Charges in Houston
Are Statements From Co-Defendants Reliable Evidence?
Can Conspiracy Charges Be Reduced or Dismissed?
In some cases, yes. The outcome depends on the strength of the evidence, whether procedural or constitutional issues are present, and the defense strategy applied to the specific facts. A thorough review of the case often reveals opportunities that are not visible at first.
What Happens if I Backed Out of the Plan?
Withdrawing from a conspiracy before it is carried out can be a meaningful defense under Texas law, but timing and conduct matter significantly. Under Texas Penal Code Section 15.04, a renunciation defense may apply if you voluntarily and completely abandoned your criminal objective and took affirmative steps to prevent the offense from occurring. Simply changing your mind or walking away is not enough on its own. The renunciation must be genuine and the credibility of the renunciation must often be established by methods that go beyond the mere testimony of the defendant.
Can I Be Charged With Federal Conspiracy Instead of a State Charge?
Yes. Conspiracy allegations involving drug trafficking, fraud, or organized criminal activity can be prosecuted at the federal level under 18 U.S.C. § 371, which carries its own penalties and procedural rules distinct from Texas law. Whether charges are filed in state or federal court depends on the nature of the alleged offense and which agency investigated the case. Federal conspiracy charges are typically more resource-intensive to prosecute and defend, and early legal representation is especially important.
Contact Our Conspiracy Defense Attorneys at The Downey Law Firm in Houston Today
Conspiracy charges carry real consequences, and the earlier a defense attorney is involved, the more options remain available. As a trusted Houston conspiracy defense lawyer, The Downey Law Firm brings serious representation to these cases, with the courtroom record and genuine investment to fight for the best possible outcome.
When your future is on the line, do not wait to secure the defense you deserve. Call (713) 651-0400 today or contact us online to schedule your free consultation.
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