Miami Conspiracy, Attempt & Accessory Defense Attorney

You can face criminal charges in Florida even when a crime was never completed or someone else carried it out. An agreement, a request, or an act that helps another person may become the basis for a prosecution. But knowing someone involved in a crime does not, by itself, make you guilty.

If you or a loved one is under investigation or has been arrested for conspiracy, attempt, solicitation, or accessory after the fact, our firm can review the evidence and explain your options. We defend clients in Miami and throughout Miami-Dade County. These cases often turn on what you knew, what you intended, and what you actually did.

What Is Criminal Conspiracy Under Florida Law?

Under section 777.04, Florida Statutes, conspiracy involves an agreement between two or more people to commit a crime. The State must prove beyond a reasonable doubt that you intended the crime to be committed and agreed with another person to cause it to be committed.

The agreement does not have to be written or stated in formal terms. Prosecutors may rely on messages, recorded conversations, or the participants’ conduct to try to prove it. Friendship, family ties, or being present when others discuss a crime is not enough on its own.

Florida’s general conspiracy law does not require an overt act beyond the agreement. That means the State may bring a conspiracy charge even if no one takes the next step or completes the planned offense. The defense must examine whether the evidence actually shows a shared criminal plan.

This page addresses Florida state charges. If your case is in federal court, see our page on federal conspiracy charges for the rules that apply there.

What Is Criminal Attempt?

A criminal attempt generally requires proof that you intended to commit a particular crime, took an act toward committing it that went beyond mere preparation, and failed to complete it or were stopped before doing so. Thinking about a crime or making preparations does not, by itself, prove an attempt.

The line between preparation and an attempt depends on the facts. The act need not be the last step required to complete the crime. In an attempted robbery case, for example, the absence of a completed taking does not end the inquiry. The State must still prove the intent to rob and conduct that crossed the line into an attempt.

We examine the alleged act, the events leading up to it, and the evidence of intent. A police report may describe conduct as an “attempt” without explaining how it meets each legal requirement.

What Is Criminal Solicitation?

Criminal solicitation involves asking, encouraging, hiring, or directing another person to engage in specific conduct that would commit a crime or an attempt. The requested crime does not have to occur. The person being asked does not have to agree to carry it out.

The words used and their context matter. A vague statement, a joke, or an angry remark should not automatically be treated as a serious request to commit a crime. We review the full conversation, including messages or recordings that may have been left out of the police account.

What Is an Accessory After the Fact?

Under section 777.03, Florida Statutes, an accessory after the fact helps an offender after a felony, knowing about the crime and intending to help the offender avoid detection, arrest, trial, or punishment.

For example, knowingly hiding someone from police after a felony may support an accessory charge. Giving someone a ride without knowing about the crime presents a different issue. The State must prove the required knowledge and intent; assistance alone does not establish guilt.

Depending on the conduct, efforts to conceal what happened may also lead to a separate charge of tampering with evidence or a witness. Each charge has its own elements, which the prosecution must prove.

Does the Law Protect Family Members?

Florida has a limited exception for certain relatives when the underlying crime is a third-degree felony. It covers a spouse, parent, grandparent, child, grandchild, brother, or sister, including qualifying relationships by blood or marriage. It does not provide a general family-member exception when the underlying crime is a capital, life, first-degree, or second-degree felony.

A separate provision applies to specified offenses against children, including child abuse, child neglect, aggravated child abuse, aggravated manslaughter of a child, and murder of a child. That provision applies to relatives as well, but includes an exception when the court finds that the person accused of providing help is a victim of domestic violence. The relationship and the underlying offense must be reviewed before deciding whether an exception applies.

Can You Be Charged with a Crime Someone Else Committed?

Yes. Helping someone commit a crime can make you a principal under section 777.011, Florida Statutes. To establish liability for helping another person, the State must prove that you intended the criminal act to occur and said or did something intended to help or encourage it that actually did so.

A principal may be charged and punished for the underlying offense even without being at the scene. An accessory after the fact faces a separate charge for help provided after the felony. The timing and purpose of the alleged help can make a major difference in the charges and possible sentence.

Mere presence, knowledge, or association does not establish that you helped commit the crime. We examine whether the State can connect your own words or actions to the offense.

Penalties for Conspiracy, Attempt, Solicitation & Accessory Charges

The penalty depends on the underlying offense and the law used to charge you. There is no single sentence that applies to every conspiracy, attempt, solicitation, or accessory case.

Attempt, Solicitation, and Conspiracy Penalties

Under the general rules in section 777.04, an attempt, solicitation, or conspiracy involving a capital felony is a first-degree felony. If the underlying offense is a life felony or first-degree felony, the charge is generally a second-degree felony. If the underlying offense is a second-degree felony, the charge is generally a third-degree felony.

For an underlying third-degree felony, the result depends on the offense and its sentencing level. The charge may remain a third-degree felony or become a first-degree misdemeanor. Third-degree felony burglary has a specific rule that generally keeps the attempt, solicitation, or conspiracy at the third-degree felony level. An attempt, solicitation, or conspiracy involving a misdemeanor is generally a second-degree misdemeanor.

Special statutes can override these reductions. For example, section 893.135(5), Florida Statutes, makes a qualifying drug-trafficking conspiracy a first-degree felony punishable as if the trafficking offense had been committed. A conspiracy charge can therefore carry a mandatory prison term even when the planned transaction never occurs.

Accessory After the Fact Penalties

Accessory after the fact to a capital felony is a first-degree felony. If the underlying crime is a life felony or first-degree felony, the accessory charge is a second-degree felony.

If the underlying crime is a second-degree felony, or a third-degree felony ranked at sentencing level 3 through 10, accessory after the fact is a third-degree felony. If the underlying crime is a third-degree felony ranked at level 1 or 2, it is a first-degree misdemeanor.

Possible Jail or Prison Terms

The ordinary maximum prison terms are 30 years for a first-degree felony, 15 years for a second-degree felony, and five years for a third-degree felony. The ordinary maximum fines are $10,000 for first- and second-degree felonies and $5,000 for third-degree felonies.

For misdemeanor charges, a first-degree misdemeanor carries up to one year in jail and a $1,000 fine. A second-degree misdemeanor carries up to 60 days in jail and a $500 fine.

These are general limits. Mandatory minimums, sentencing enhancements, special fine provisions, and Florida’s sentencing scoresheet can affect the available sentence. We review the exact charge and your record before advising you about prison exposure or whether probation may be an option.

Defenses to These Charges

The strongest defense depends on the charge and the evidence. We review what the State must prove, then test whether the evidence supports each element beyond a reasonable doubt. Issues may include:

• Lack of intent or knowledge. The evidence may fail to show that you intended a crime to occur or knew about the felony when you provided help.
• No criminal agreement. Contact with someone involved in a crime does not, by itself, establish a conspiracy.
• Conduct that stopped at preparation. In an attempt case, the alleged act may not have crossed the legal line into an attempt.
• Unreliable or incomplete evidence. A witness may have a reason to shift blame. Messages or recordings may look different when reviewed in full.
• Unlawfully obtained evidence. The circumstances of a search, seizure, or police questioning may support a motion to suppress.

Can Abandoning the Plan Be a Defense?

Section 777.04 recognizes a defense based on a complete and voluntary decision to give up the criminal purpose. For an attempt, this can involve abandoning the attempt or otherwise preventing the crime. For solicitation or conspiracy, it requires persuading the other participant or participants not to commit the crime, or otherwise preventing it.

Simply saying you changed your mind does not settle the issue. Stopping because police arrived, unexpected resistance arose, or the plan became harder to carry out does not establish a complete and voluntary renunciation. We review when you stopped, why you stopped, and what you did to prevent the offense.

Contact a Miami Conspiracy, Attempt & Accessory Defense Lawyer

If you are facing one of these charges, speak with a defense attorney before giving a statement about your role. A case that appears to rest on someone else’s conduct can still expose you to serious penalties. Our firm can review the allegations, explain the law that applies, and work with you to build a defense.

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The information on this page is general information about Florida law. It is not legal advice for your case. Consult a criminal defense attorney about your rights and options.