Published by Conspiracy to commit murder is among the most severely punished criminal offenses in both federal and state courts — and you can be convicted even if the murder was never attempted, let alone completed. Under federal law (18 U.S.C. § 1117), conspiracy to violate murder statutes carries the same penalties as first-degree murder itself: imprisonment for any term of years or life. The Federal Sentencing Guidelines assign conspiracy to commit murder a base offense level of 33 under §2A1.5, reflecting the government's view that coordinated criminal conduct poses a unique threat to public safety.
The crime is complete upon proof of two elements: (1) an agreement between two or more people to intentionally and unlawfully kill someone, and (2) at least one overt act taken by any conspirator in furtherance of that agreement. The overt act requirement is critical — it ensures that conspiracy law targets concrete steps toward violence, not just dangerous thoughts or angry conversations. However, the act itself can be minor: purchasing a weapon, conducting surveillance, making a phone call, or even internet research. These ordinary actions become criminal when prosecutors prove they were done to advance a murder plot.
At Schmidt & Clark, LLP, our criminal defense attorneys have extensive experience defending clients against conspiracy to commit murder charges. Because conspiracy prosecutions rely heavily on circumstantial evidence, involve broad use of coconspirator statements, and allow conviction even when the underlying crime never occurs, mounting an effective defense requires challenging the existence of an agreement, disputing whether any overt act was truly in furtherance of murder, and asserting withdrawal when defendants abandoned the plan before it progressed.
Quick Summary
- Conspiracy to commit murder refers to the planned execution of a crime concerning more than one person.
- You’re convicted of the conspiracy to commit murder sentence as other co-conspirators, meaning you can be subject to a life sentence for first-degree murder.
- To be found guilty of conspiring to commit murder, a court must determine that the defendant intended to form an agreement with another person or group of people for homicide. Furthermore, there needs to be evidence confirming that some action has been taken in furtherance of this plan.
How Does The Law Define “Conspiracy To Commit Murder”?
The law defines “conspiracy to commit murder” as when the defendant agrees with one or more other people to intentionally and unlawfully kill someone and any of them takes some act in pursuance of such agreement [1].
Purchasing the murder weapon, hiring a "get-away" vehicle, or planning for the supposed victim to be in a specific area at a specific time are all examples of such actions.
What Are The Elements Of The Crime Of Conspiracy To Commit Murder?
The elements of the crime of conspiracy to commit murder are:
- a mutual agreement or understanding
- knowingly entered by the defendant
- an intent to jointly commit a crime [2]
Similar to attempted murder, the act doesn't even need to be committed for someone to face the consequences.
For example, one may be guilty of conspiracy even if the other party is an undercover police officer.
The courts will consider intent when looking at the allegations of any given party; if it's found that they did not have genuine destructive intentions, they may avoid punishment.
If they find that the arrangement is a joke and that the conspirators won't truly hurt the victim, they will not face any legal repercussions for their actions.
“Examples of conspiracy to murder include hiring a hitman to kill your parents, telling your lover to poison his wife so you can be together, begging your brother to convince his friend to kill your drug dealer to who you owe money, or agreeing to purchase a gun so that your friend can kill his girlfriend’s new lover.” - Michelle Makela, Legal Practice Director at Armstrong Legal
Federal vs. State Conspiracy to Commit Murder: Key Differences
Most conspiracy to commit murder prosecutions occur in state court under state criminal codes, but federal jurisdiction applies when the conspiracy targets federal officials (18 U.S.C. § 1114), foreign officials (§ 1116), U.S. nationals abroad (§ 1119), or occurs on federal property or involves interstate commerce. Federal conspiracy charges under 18 U.S.C. § 1117 explicitly require an overt act, while some state statutes do not — meaning conviction in those states can be based on agreement alone.
Sentencing is also dramatically different. Under the 2025 Federal Sentencing Guidelines, conspiracy to commit murder receives a base offense level of 33, typically resulting in sentences of 13 to 16 years even when no murder occurred, with enhancements for firearms, victim injury, or murder-for-hire pushing sentences to life imprisonment. State sentences vary widely but can reach life imprisonment for first-degree murder conspiracy. Because federal prosecutors have broader evidentiary latitude — including liberal use of coconspirator statements and circumstantial evidence — federal conspiracy cases are often more difficult to defend and carry harsher penalties than state counterparts.
What Are the Penalties for Conviction of Conspiracy to Commit Murder?
The penalties for conviction of conspiracy to commit murder are imprisonment by up to five years, in addition to a fine depending on where the conviction occurs and the circumstances of the case.
In less aggravated conspiracy cases, offenders could find themselves looking at a probationary period instead of jail time.
Convicts may need to pay required fines and reparations - in addition, or in exchange for facing the harsh reality of incarceration.
Read Also: Negligent Homicide Definition
Is An Explicit Agreement Necessary?
No, an explicit agreement is not necessary. Your actions and behavior may be all the proof needed to prosecute for murderous intentions.
Circumstantial evidence has tremendous power in criminal law.
For instance, conspiracy to commit murder charges may apply if you meet up with another person and discuss murder, even if the plans weren’t agreed upon.
What Are Legal Defenses Against Conspiracy Charges?
Legal defenses against conspiracy charges are withdrawing your participation from the alleged plan, affirming that you haven’t undertaken steps furthering the criminal activity.
Additionally, asserting that you never agreed to participate with any co-conspirator and commit the actual crime and believing you were acting legally can ensure your innocence is upheld in court.
If you have a highly skilled criminal defense attorney, you might be able to get your criminal conspiracy charges dropped or reduced.
Even with an underlying murder charge on the table, a lack of evidence can reduce their sentence to manslaughter if they demonstrate that no malicious intent was present when committing the act.
Similarly, for conspiracy offenses - without proof beyond reasonable doubt of an overt act that would aid in carrying out the crime- it may be impossible for prosecutors to build a strong enough case against them.
When facing allegations of participation in a conspiracy, defendants may be able to prove their innocence by invoking the defense of withdrawal; effectively indicating that they distanced themselves from the crime before it progressed further.
A false allegation is another legal defense that may be invoked if an unjust accusation is made against a person.
Related Articles:
- Accessory To Murder Charges
- What Is an Attempted Murders Sentence?
- What Is Involuntary Manslaughter?
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FAQ
1. Are You Only Guilty Of the Offense If Found At The Murder Scene?
No, you aren’t only guilty of the offense if found at the murder scene. One person’s accusation may lead to your arrest even if you were never at the murder scene.
2. What Is An “Overt Act”?
An “overt act” is any behavior (whether criminal or not) that furthers the conspiracy. In other words, it's a step toward committing the target crime.
3. How Is Conspiracy to Commit Murder Different From Attempted Murder?
The difference between conspiracy murder and attempted murder is that conspiracy to commit murder involves planning with others to kill, without any action taken, while attempted murder involves taking substantial steps towards killing someone but failing to complete the act.
Get A Free Lawsuit With Our Criminal Defense Lawyer
A criminal defense lawyer should be consulted as soon as possible if you have been accused of committing a crime or are being investigated for one.
Your best option is to speak with a lawyer with experience handling conspiracy matters if your case contains a conspiracy accusation.
Based on your state's charges and the law, our skilled attorneys at Schmidt & Clark, LLP can explain how your case will go through the legal system.
They can also let you know what to anticipate from the appointed judge and prosecutor and help you prepare the defense.
References:
- https://app.leg.wa.gov/rcw/default.aspx?cite=9A.28.040
- https://www.ca3.uscourts.gov/sites/ca3/files/Chapter%206%20Conspiracy%20Rev%20April%202015.pdf