Houston Conspiracy Attorney

Texas Penal Code Section 15.02 defines the elements necessary to convict a person of criminal conspiracy. The prosecution must show that the person:

  • Had intent that a felony be committed
  • Had an agreement between one or more persons that they would engage in the offense
  • Someone in the conspiracy performed an overt act in furtherance of the agreement

An agreement between co-conspirators may be “inferred from acts of the parties.”


There are several defenses to conspiracy, including that the person lacked the requisite intent to commit the offense, or that there was no overt act in furtherance of the agreement. Texas law, however, does outline several instances which are not a defense to the crime of conspiracy including that:

  • “One or more of the co-conspirator is not criminally responsible for the object offense
  • One or more of the co-conspirators has been acquitted, so long as two or more co-conspirators have not been acquitted;
  • One or more of the co-conspirators has not been prosecuted or convicted, has been convicted of a different offense, or is immune from prosecutions;
  • The actor belongs to a class of persons that by definition of the object offense is legally incapable of committing the object offense in an individual capacity; or
  • The object offense was actually committed.”


If convicted of criminal conspiracy in Houston, TX, you could face harsh penalties, including significant amounts of jail time. Under state law, the punishment for conspiracy is “one category lower than the most serious felony that is the object of the offense.” For instance, if the offense conspired to be committed is punishable as a 2nd-degree felony, then you could face penalties of a 3rd-degree felony. If the object offense is punishable as a state jail felony, you could be convicted of a Class A misdemeanor.


If you are being investigated for conspiracy in Houston, Texas, you need the help of a knowledgeable defense attorney. James Alston is an experienced litigator, previously working for the Harris County District Attorney’s Office and as a federal prosecutor. If you are charged with conspiracy or a related-charge, Attorney James Alston can help fight for your freedom. Call James Alston Law today at (713) 228-1400 for a consultation. Get legal representation you can trust.