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 North Carolina, criminal conspiracy is defined as an agreement between two or more persons to commit a crime or to accomplish a legal act by unlawful means, followed by an overt act done in furtherance of the conspiracy. The state's General Statutes under Chapter 14, Article 10, specifically address conspiracy, with the severity of the charges often depending on the nature of the crime that the conspirators intended to commit. For example, if the underlying crime is a felony, the conspiracy to commit that felony is also a felony, typically one class lower than the intended crime. If the intended crime is a misdemeanor, the conspiracy is punished as a misdemeanor of the same class as the crime conspired. The purpose of these laws is to deter collaborative criminal activity and to allow for the prosecution of individuals who contribute to the planning and preparation of crimes, even if they do not participate in the actual commission of the crime. At the federal level, as per 18 U.S.C. §371, a conspiracy to commit an offense against the United States or to defraud the United States carries a penalty of fines and imprisonment for up to five years. Both state and federal laws recognize the seriousness of criminal conspiracies and provide mechanisms for law enforcement to intervene in the planning stages of criminal activity.