Conspiracy charges can be difficult to understand. You may suddenly be charged with them even if you didn’t commit an overt crime. Nevertheless, they are serious charges. Speak with a criminal defense lawyer in Los Angeles immediately if you’re facing one.
We’ll explain what a conspiracy charge is, the penalties for conspiracy in California, and how you can defend yourself against charges of conspiracy.
The Definition of Conspiracy
California Penal Code section 182 explains different types of conspiracy and their punishments, but it assumes the reader knows what it means to conspire. The state must prove four things were present for a conspiracy charge to stick.
Agreement
There must be an agreement between two or more people to commit a crime. This agreement does not need to be formal or written down. If the agreement can be inferred by actions or conduct, then it is present.
Some examples of agreement to conspiracy include:
- A group conversation about the details of a bank robbery, whether in person or digitally.
- Buying equipment to do a crime as a group
- Take preparatory actions to commit a crime as a group.
- Doing seemingly disconnected actions that, put together, suggest a crime.
- Ongoing collaboration with someone who is committing a crime. An example would be selling chemicals for drug production to a known drug manufacturer.
Criminal Objective
The purpose of the conspiracy must be to commit a crime. There are also specific conspiracy charges to commit high-level felonies like murder, as well as special actions that are described in the penal code that qualify. These include:
- Framing someone for a crime.
- Pursuing a lawsuit known to be fraudulent.
- Defrauding someone of money or property by false pretenses or promises.
- Obstructing justice.
- Committing acts dangerous to public health or morals.
- Committing crimes against high-level officials.
Note that the criminal objective does not have to succeed for conspiracy charges to stick. The prosecution just has to show there was one.
Intent
A participant in a conspiracy must voluntarily intend to work together and intend to achieve the criminal objective of the conspiracy. Both intents must be shown to make a conspiracy charge valid.
Since both forms of intention must be present for a defendant to be convicted of conspiracy, there are several defenses:
- The defendant did not know about the conspiracy’s illegal aim.
- The defendant was mistaken about a crucial fact about the group that, had they known, they wouldn’t have participated.
- The defendant can prove they withdrew from the conspiracy before any crime or overt act furthering the conspiracy was done.
- The defendant had no intent to commit the crime.
- The defendant had no agreement to work together with the other conspirators.
- The defendant was forced to participate.
An Overt Act
At least one conspirator must take an overt action to accomplish the criminal intent. The act does not need to be criminal itself, but it must be an explicit step that moves the conspiracy forward to the goal.
An overt act shows that the conspiracy has moved beyond preparation and into action. Without one, a conspiracy is a mere daydream between a group of people.
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What Is the Sentence for Conspiracy Charges in California?
There are both misdemeanor and felony levels of conspiracy in California. The prosecutor will choose based on the underlying criminal intent. The conspirators are usually punished the same as if the crime had been committed.
For misdemeanor conspiracy charges, the penalty is no more than one year in jail and/or a fine not exceeding $10,000. However, for felony conspiracy, the penalty will depend on whatever crime the conspiracy was aiming to commit.
If the conspirators sought multiple crimes, the state picks the one with the worst sentence. There are additional guidelines for crimes of different degrees.
How to Defend Yourself Against a Conspiracy Charge
The best way to do so is to speak with a criminal defense lawyer with experience in conspiracy cases. Conspiracy requires proof of many things, and all of them must be present to face a conviction. Disproving any of them in your case will get this charge dropped.
Besides disproving one of the four elements, there are other ways a lawyer can help you defend yourself. They might:
- Show there is insufficient evidence to prove conspiracy.
- Prove you had withdrawn from the conspiracy.
- Show entrapment happened in cases where law enforcement induced you to join a conspiracy.
- Show that your actions were independent of the others.
Contact a Lawyer to Discuss Conspiracy Charges
A conspiracy charge is a serious legal allegation that involves an agreement between two or more persons to commit a criminal act, coupled with an intent to achieve the objective of that agreement.
This charge requires that at least one participant takes an overt act in furtherance of the crime, solidifying the transition from mere planning to active pursuit of the criminal objective. The intricacies of a conspiracy charge lie in its foundation on the intent and agreement.
Understanding the elements of conspiracy and the available defenses is essential for anyone involved in or accused of participating in a conspiracy. For further guidance, contact Simmrin Law Group for a free consultation about how we can help you defend yourself.
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