A criminal conspiracy is generally a partnership formed to commit a crime or crimes. A criminal conspiracy exists when two or more persons form an agreement to violate a law that includes criminal penalties, and then take one or more steps designed to accomplish the goal of the conspiracy.

Federal and state statutes make criminal conspiracies illegal for two primary purposes: (1) to help combat the powerful forces created when two or more people collaborate to commit a crime; and (2) to allow criminal prosecutors (state and federal) to prosecute persons who play a role in planning a crime but who are not involved in the physical acts taken to complete the underlying crime.

For example, under federal law, if two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency of the United States in any manner or for any purpose, and one or more of such persons do any act to accomplish the objective of the conspiracy, each of the conspirators may be fined under and imprisoned for up to five years. See 18 U.S.C. §371. And most states have statutes (usually located in the penal or criminal code) that make criminal conspiracies a crime and include significant punishment upon conviction.

In Arkansas, criminal conspiracy is defined under Arkansas Code Annotated § 5-3-401 as an agreement between two or more persons to commit a crime, followed by an overt act in furtherance of that agreement. The state recognizes the gravity of collaborative efforts to commit crimes and seeks to deter such partnerships by penalizing not only the execution of the criminal act but also the planning and agreement stage. Penalties for conspiracy in Arkansas vary depending on the nature of the crime that the conspirators intended to commit, with the conspiracy charge typically one classification lower than the most serious offense that was the object of the conspiracy. For instance, if the intended crime is a Class B felony, the conspiracy to commit that crime would be a Class C felony. This aligns with the dual purposes of conspiracy statutes: to disrupt the collective power of individuals working together to break the law and to allow for the prosecution of those involved in the planning stages of a crime, even if they do not participate in the actual commission of the crime. At the federal level, as per 18 U.S.C. § 371, individuals involved in a conspiracy to commit an offense against the United States or to defraud the United States can face fines and imprisonment for up to five years, provided that at least one overt act towards the conspiracy's objective has been taken by one of the conspirators.