Is a Conspiracy a Felony in Minnesota? Elements, Defenses, and Penalties

Most people think you can only be charged with a crime if you actually commit one. But under Minnesota law, you can face serious penalties for simply agreeing to commit a crime—even if the act never happens. That’s what’s known as criminal conspiracy, and in many cases, it can be charged as a felony.

Conspiracy charges are often misunderstood and can catch people off guard. At Martine Law, our experienced Minnesota defense attorneys help clients understand how these laws work, what prosecutors must prove, and what defenses may protect your rights and future.

What Is Conspiracy Under Minnesota Law?

The crime of conspiracy is defined under Minn. Stat. §609.175.

A person commits conspiracy when:

1. They agree with one or more people to commit a crime, and 
2. At least one person performs an overt act in furtherance of that agreement. 

In other words, simply talking about committing a crime isn’t enough. There must be some action taken to move the plan forward, even if it’s a small one—like purchasing supplies, scouting a location, or making contact with another person involved.

For example:

• Two people agree to sell illegal drugs and one buys baggies or a scale. 
• A group discusses robbing a store, and one person drives by to “check it out.” 
• Someone agrees to help another commit insurance fraud and sends false paperwork. 

These acts may be small, but they can satisfy the “overt act” requirement and lead to conspiracy charges.

Is Conspiracy a Felony in Minnesota?

Yes, in most cases, conspiracy is charged as a felony in Minnesota. The level of punishment depends on the underlying crime that was allegedly conspired to be committed.

Under Minn. Stat. §609.175, the penalties for conspiracy are as follows:

So if you’re accused of conspiring to commit a felony, such as drug distribution, assault, or theft, the conspiracy charge itself is also a felony—even if the planned crime never happened.

Examples of Common Conspiracy Charges

Conspiracy can apply to many types of criminal cases in Minnesota, including:

• Drug conspiracy: agreeing to manufacture, sell, or transport controlled substances. 
• Theft or burglary conspiracy: planning to steal or break into a property. 
• Assault conspiracy: agreeing to harm or retaliate against someone. 
• Fraud conspiracy: planning to defraud a business, insurance company, or government agency. 

Drug conspiracy is particularly common, and prosecutors often file these charges alongside other drug offenses based on phone records, text messages, or alleged “agreements.”

What Prosecutors Must Prove

To convict someone of conspiracy in Minnesota, the state must prove beyond a reasonable doubt that:

1. There was an agreement between two or more people to commit a specific crime. 
2. The defendant intended to carry out the crime. 
3. At least one overt act was performed in furtherance of the agreement. 

It’s not enough for prosecutors to show that two people talked about breaking the law or were simply present when others discussed it. There must be intent and action toward committing the crime.

These cases often rely heavily on circumstantial evidence, such as text messages, social media activity, or statements made during police interviews. That makes them vulnerable to strong defense challenges.

Defenses to Conspiracy Charges

Conspiracy cases are complex, but several legal defenses can weaken or defeat the state’s case. Common defenses include:

1. No Actual Agreement

Mere conversation or association with others is not enough. The state must show that a true, mutual understanding existed to commit a specific crime.

2. Lack of Intent

You must have intentionally joined the agreement knowing its unlawful purpose. If you didn’t understand or agree to the criminal goal, there’s no conspiracy.

3. Withdrawal from the Agreement

If you withdrew from the agreement before any overt act was committed, you may have a valid defense. Promptly notifying others or taking steps to prevent the crime can demonstrate withdrawal.

4. No Overt Act

Without an overt act—something beyond discussion or planning—the crime of conspiracy is incomplete.

5. Entrapment

In some cases, law enforcement may have induced or encouraged the agreement through undercover operations. If you were pressured or manipulated into participating, entrapment may apply.

6. Insufficient Evidence

Because conspiracy often relies on indirect or hearsay evidence, there may not be enough reliable proof to establish guilt beyond a reasonable doubt.

Penalties and Long-Term Consequences

Conviction for conspiracy can lead to severe outcomes, depending on the related crime:

• Felony conspiracy: Prison time ranging from several years to decades. 
• Fines: From thousands to hundreds of thousands of dollars. 
• Probation: Strict supervision and conditions like drug testing or curfews. 
• Collateral consequences: Difficulty finding employment, housing, or professional licensing. 

Even if you never touched drugs, stole anything, or hurt anyone, the agreement alone—paired with minor actions—can have lifelong effects.

How Martine Law Defends Conspiracy Charges

At Martine Law, we know how prosecutors build conspiracy cases—and how to take them apart. Our attorneys:

• Analyze text messages, surveillance, and recordings for inconsistencies. 
• Challenge whether a true “agreement” ever existed. 
• Review police conduct for entrapment or improper investigation. 
• Negotiate for charge reductions or dismissal where evidence is weak. 
• Build a defense strategy based on your side of the story and the law. 

Conspiracy cases often turn on nuance, intent, and credibility. We make sure the state meets its full burden of proof—and if they can’t, we fight for your freedom.

If you’ve been charged with conspiracy in Minnesota, don’t face it alone. 

Contact Martine Law today for a confidential consultation. We’ll explain your rights, review the evidence, and help you fight for the best possible outcome.