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 New Jersey, criminal conspiracy is defined under N.J.S.A. 2C:5-2. A criminal conspiracy occurs when two or more people agree to commit a crime or an unlawful act. The agreement itself is the central element of the crime, and at least one of the conspirators must take an overt act in furtherance of the conspiracy. The overt act does not need to be a criminal act itself but must be an action that indicates that the conspiracy is underway. The purpose of criminalizing conspiracy in New Jersey, similar to federal law, is to deter the collaboration in criminal activities and to allow for the prosecution of those involved in the planning stages of a crime, even if the crime itself is not completed. Penalties for conspiracy in New Jersey vary depending on the nature of the crime that was the object of the conspiracy, but they can be severe and include fines and imprisonment. The state's approach aligns with the dual objectives of federal law: to disrupt the collective power of individuals working together to commit crimes and to enable the prosecution of individuals who contribute to the planning of a crime without necessarily committing the crime itself.