Early this week the former national chairman of the Proud Boys, Henry “Enrique” Tarrio, 39, of Miami, Florida, was
sentenced for seditious conspiracy, and other charges related to the breach of the U.S. Capital on Jan 6 th
, 2021, to 22 years in prison and 36 months of supervised released. Of course it got us wondering what the implications of conspiracy in the State of Florida are. Here’s what Criminal Defense Attorney, Bruce Roistacher had to share:
Under FL law “a person who agrees, conspires, combines, or confederates with another person or persons to commit any offense commits the offense of criminal conspiracy.” To convict someone of the crime of criminal conspiracy the prosecution must prove beyond a reasonable doubt: The intent of the defendant was that the crime be committed and carried out by either of them, one of them, or by some other person. In FL Criminal Conspiracy is a separate offense. The agreement and intent of the person charged with this crime must be proven beyond a reasonable doubt by the state. Criminal intent may be difficult to prove and subject to attack by your defense attorney. The agreement can be proven by circumstantial evidence, however that proof must be inconsistent with every reasonable hypothesis of innocence. Further the action of the accused cannot be minimal and without any agreed undertaking. Also, mere presence at the scene of the alleged criminal conspiracy isn’t enough to convict someone who is charged with this crime. An experienced criminal defense attorney skilled in the art of cross examination is required to defend a charge of criminal conspiracy. If you or a loved one needs the assistance of one of our Criminal Defense Attorneys, don't hesitate to call us at
352-WIN-4YOU We are available 24/7 and we offer payment plans.
