Clients often tell us they hear the word “conspiracy” in movies or on the news, but they aren’t quite sure what it actually means in real life. Under Wyoming law—as well as federal law—conspiracy has a very specific legal definition, and understanding it can make all the difference in a criminal case.
At Just Criminal Law, Attorney Christina Williams and legal storytelling specialist David Mann recently broke down exactly how and when a crime becomes a conspiracy.
What Is a Criminal Conspiracy?
Legally, a conspiracy happens when two or more people agree to commit a crime and at least one of them takes an overt step toward committing it.
That means conspiracy is made up of two key parts:
The Agreement – Two or more people must agree—verbally or through actions—to break the law.
An Overt Act – Someone involved must take a step toward carrying out the crime.
This step doesn’t need to be illegal by itself; even small actions count.
If both elements are present, prosecutors can charge conspiracy even if the underlying crime was never completed.
A Simple Example of Conspiracy
One of the most common conspiracy charges we see involves controlled substances.
Imagine this scenario:
- A person plans to distribute illegal drugs.
- They ask a friend to drive to another state, pick up the drugs, and bring them back.
- The friend agrees and follows through with the plan.
- The first person then sells the drugs in their community.
Even though only one person may have done the selling, both individuals can be charged with conspiracy to distribute a controlled substance. The agreement plus the act of obtaining the drugs satisfies the definition of conspiracy.
This is a frequent example because drug cases often involve multiple people working together, even in small ways.
Conspiracy Charges in High-Profile Cases
Conspiracy isn’t just used in drug cases—it’s the same legal standard applied in high-profile investigations involving government officials.
For example, Christina discussed recent news involving former FBI director James Comey, who has been accused of:
Perjury (lying under oath to Congress)
Obstruction of justice
If he were convicted of those crimes, prosecutors could use that evidence to build a larger conspiracy case involving anyone who may have participated in the alleged misconduct.
Whether it’s a small drug case or a national investigation, the legal definition of conspiracy never changes: an agreement + an overt act.
Penalties for Conspiracy
The punishment for conspiracy depends on the crime involved.
General Penalties
In many cases, conspiracy carries up to five years in prison.
When Combined With Other Charges
For example, perjury may carry up to 5 years and obstruction up to 20 years. When conspiracy is added, the total possible sentence increases.
Drug Conspiracy Penalties
As Christina noted, drug-related conspiracies are punished far more harshly, depending on the type and quantity of the controlled substance.
This means even someone who played a minor role—such as driving, making a phone call, or introducing two people—can face extremely serious consequences.
Why Conspiracy Charges Are So Serious
Conspiracy laws allow prosecutors to:
Charge multiple people, even if they played small roles
Increase penalties
Build cases based on agreements and small actions
Tie one person’s conduct to everyone else involved
This makes conspiracy a powerful tool for the government—and a frightening charge for anyone accused.
Charged With Conspiracy? Get the Defense You Deserve
If you or a loved one is under investigation or facing conspiracy charges, the stakes are incredibly high. These cases are complex, and prosecutors often try to hold people responsible for the actions of others.
At Just Criminal Law, we know that you only get one shot at justice—so make yours count.