Virginia Conspiracy Defense

§ 18.2-22 • D.J. Rivera, Esq.

The Law: Virginia Code § 18.2-22

If any two or more persons conspire to commit a felony, or to commit any act injurious to the public health, morals, trade or commerce, or for the perversion or obstruction of justice, or the due administration of the laws, they shall be guilty of a Class 6 felony if the object of the conspiracy is a felony, or a Class 1 misdemeanor if the object is a misdemeanor.

Penalties

Conspiracy to commit a felony: Class 6 felony (up to 5 years in prison + $2,500 fine)
Conspiracy to commit a misdemeanor: Class 1 misdemeanor (up to 12 months jail)
Federal conspiracy charges (often paired with drug or computer crimes) can carry 5–20+ years

Defense Strategies D.J. Rivera Uses

Lack of agreement or overt act in furtherance of the conspiracy
Withdrawal from the conspiracy before any overt act
Insufficient evidence linking you to the agreement
Illegal wiretaps, searches, or informant misconduct
Negotiating to lesser charges or full dismissal (especially in Richmond & Northern VA courts)

Facing Conspiracy Charges in Virginia?

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