Conspiracy charges can apply any time a group of individuals works together in California to plan a criminal act. The broad definition of California Penal Code Section 182: Conspiracy means that many acts can lead to conspiracy charges.
An experienced Los Angeles conspiracy lawyer will help you understand how these charges work in the court system in California. Simmrin Law Group can go over the penalties for a conspiracy conviction. You can even learn more about the difference between state and federal conspiracy charges.
State Charges of Conspiracy in California
The state of California uses PC 182 to prosecute acts of conspiracy. Conspiracy charges can apply if two or more people agree to commit a crime and take action to further the commission of the crime.
Examples of conspiracy include:
- Engaging in activities with the fraudulent intent of obtaining property or money by false pretense
- Conspiracy to commit grand theft
- Conspiracy to commit assault
- Conspiracy to commit arson
- Conspiracy to commit human trafficking
Taking action to further the commission of the crime does not necessarily mean that an individual performs a criminal act. In fact, individuals can be convicted of conspiracy even if no crime is carried out. Merely taking steps to commit a crime is enough to lead to a conviction for conspiracy.
For example, if three people decide to burn down their boss’s house and they go buy matches or accelerants, they can be convicted. The charge can apply whether or not they actually manage to commit arson. In this case, a Los Angeles arson defense lawyer would try to diminish the penalties.
Penalties for a PC 182 Conviction in California
The penalties for criminal conspiracy can vary based on the types of crime individuals conspired to commit. Generally, convicted individuals will face the same penalties that would normally apply to the underlying crime.
In many cases, individuals can face:
Misdemeanor Conspiracy Penalties
- Fines: Up to $10,000
- Jail time: Up to one year in county jail
Felony Conspiracy Penalties
- Fines: Up to $10,000
- Jail time: Up to three years
If the felony conviction involves conspiring to commit identity theft, the court may impose a fine of up to $25,000. Additionally, conspiracy to commit murder will always face the same penalties as a first-degree murder conviction (Cal. Pen. Code § 189).
These penalties can include:
- 25 years to life in a state prison
- The death penalty
If a conspiracy involves the intent to commit multiple felonies with different penalties, and those felonies are considered a single offense of conspiracy, the punishment will be based on the felony with the highest maximum sentence.
Federal Conspiracy Charges in California
Conspiracy charges in California can be further complicated because cases are sometimes prosecuted in the federal court system.
Generally, federal conspiracy charges only apply if a group attempts to:
- Carry out a crime against the United States
- Defraud the United States
Federal conspiracy charges under 18 U.S.C. Section 371 can lead to incredibly harsh punishment. Penalties depend on the underlying offense but can include fines, lengthy prison sentences, and additional charges for related crimes.
The prosecution must prove intent, agreement, and an overt act, but defenses such as lack of intent or withdrawal from the conspiracy may apply.
Building a Legal Defense for Conspiracy Charges in California
Conspiracy charges are often difficult to handle on your own because you can be convicted without ever carrying out the planned criminal act. You can increase your chances of successfully handling this charge by contacting a Los Angeles criminal defense lawyer right away.
A criminal defense attorney may be able to show that:
You Did Not Agree to Commit a Crime
You must agree to carry out a criminal act with one or more other people to face a conspiracy conviction. This means that you should not face a conspiracy charge if there was no prior planning before a criminal act occurred.
For example, if two people get into a sudden fight and one of them steals the other’s wallet in the heat of the moment, this would not be considered conspiracy because there was no prior agreement to commit a crime.
However, if two people discuss a plan to rob someone in advance and then one of them follows through with the crime, both individuals could face conspiracy charges, even if only one actually committed the act.
You Never Took a Step to Commit a Criminal Act
If you planned to commit a crime but never took any action toward carrying it out, you should not be convicted. However, in California, you can still be convicted of conspiracy even if the crime was never completed.
Taking any step toward the crime, such as purchasing an item needed to commit it, may be enough to establish conspiracy.
You Backed Out of the Conspiracy
You may initially agree to be a part of a plan to commit a crime and then change your mind. If you step back before the crime is carried out, you can avoid a conviction. Note that the court can convict you if you try to back out of a conspiracy after the crime already occurred.
For example, you agree with a group to commit a burglary, but before anyone takes action, you change your mind and tell the group you no longer want to be involved.
If you completely withdraw before any illegal acts occur, you may avoid conviction. However, if the burglary happens and you attempt to back out afterward, the court can still convict you of conspiracy.
Speak With a Criminal Defense Lawyer About Conspiracy Charges
Getting professional help on your side can make handling conspiracy charges on the state or federal level easier. Simmrin Law Group can help build your defense if you are charged under California Penal Code Section 182: Conspiracy. Go over your options today with a free case evaluation.
You can get the legal advice you need by contacting our criminal defense lawyers in Los Angeles. We are here to protect your rights and provide the strong defense you deserve. Call us today or fill out our online contact form to schedule a consultation and take the first step toward your defense.