Conspiracy Case Study
Whether the defendant's withdrawal from the conspiracy before the underlying crime was committed was a complete defense.
The court reversed the conspiracy conviction, finding that the defendant had effectively withdrawn from the conspiracy before the underlying crime was committed by communicating his withdrawal to his co-conspirators and taking affirmative steps to thwart the conspiracy. The court held that withdrawal is a complete defense to conspiracy if the defendant communicates withdrawal and takes affirmative steps to prevent the crime.
Withdrawal from a conspiracy before the underlying crime is committed is a complete defense to the conspiracy charge. D.J. Rivera develops withdrawal defenses in conspiracy cases where the evidence shows that the defendant communicated their withdrawal and took affirmative steps to prevent the crime. This defense can result in dismissal of the conspiracy charge even where the underlying crime was committed by co-conspirators.
This case involves § 18.2-22 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.
D.J. Rivera applies the lessons of cases like this one to defend clients throughout Richmond and Northern Virginia. Free consultation available 24/7.
Get Your Free Consultation