CONSPIRACY
Conspiracy is a charge you can be found guilty of even if no crime occurred yet. Originally created to allow prosecutors to go after organized crime members who used underlings to commit crimes, it has since been adopted to allow prosecutors to go after gang members and other groups. What makes conspiracy interesting is that unlike other charges it will not merge with the main charge, meaning you can face the charge of the crime committed and conspiracy.
What Is Conspiracy?
Conspiracy is defined in Penal Code Section 182 as:
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(a) If two or more persons conspire:
(1) To commit any crime.
(2) Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime.
(3) Falsely to move or maintain any suit, action, or proceeding.
(4) To cheat and defraud any person of any property, by any means which are in themselves criminal, or to obtain money or property by false pretenses or by false promises with fraudulent intent not to perform those promises.
(5) To commit any act injurious to the public health, to public morals, or to pervert or obstruct justice, or the due administration of the laws.
(6) To commit any crime against the person of the President or Vice President of the United States, the Governor of any state or territory, any United States justice or judge, or the secretary of any of the executive departments of the United States.
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(b) Upon a trial for conspiracy, in a case where an overt act is necessary to constitute the offense, the defendant cannot be convicted unless one or more overt acts are expressly alleged in the indictment or information, nor unless one of the acts alleged is proved; but other overt acts not alleged may be given in evidence. - PC182
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In short to prove someone guilty of conspiracy the prosecutor must show:
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An agreement with one or more other people to commit an illegal act and
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one of the members of the group commits an overt act in furtherance of the illegal act.
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As you can see, the crime need not actually be committed, only that an overt act in furtherance of committing the crime be done by a member of the conspiracy. For example, if two people agree to rob a store and one of them goes to buy ski masks to hide their identities, then, even though the store was not robbed, they can be found guilty of conspiracy to commit robbery.
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Continuing on with the example above, if the store was robbed, then the two people can be charged with robbery and conspiracy to commit robbery. This makes conspiracy a little different than other multiple charged crimes. For example, if someone is pulled over for speeding, but is consequently found to be driving under the influence, then the person would only be charged for the DUI. The speeding charge is a lesser offense it will "merge" into the DUI charge. In the case of a conspiracy, the charge will not merge with the greater offense and remain an addition count.
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Penalties
Conspiracy is what is referred to as a "wobbler," meaning that it can be charged as a misdemeanor or felony depending on the facts of the case. Typically the maximum penalty for the conspiracy is the same as the penalty for the underlying crime. Therefore, you can face double the penalties for just committing the crime. For example, if you are convicted of second degree robbery and conspiracy to commit second degree robbery, then you are facing a maximum penalty of five years for the robbery and five years for the conspiracy, for a total of ten years in prison.
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Defense
No Agreement
An agreement is required for there to be a conspiracy, therefore if it can be shown there was no agreement, then there was no conspiracy. It should be noted that the agreement does not need to be formal and can be inferred by actions. However, merely accompanying or associating with a member of a conspiracy with no intent to commit the crime does not make someone part of a conspiracy.
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No Overt Act (aka Idle Talk)
An overt act to accomplish the crime must be taken by a member of the conspiracy. Therefore, if no one in the conspiracy took an overt act, there was no conspiracy. Generally, this falls into the realm of being classified as idle talk, which is not illegal.
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Withdrawal
Even if a person conspires to commit a crime, they are not guilty if they withdraw from the conspiracy. The person must communicate the withdrawal before someone commits an overt act.
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Getting A Defense Attorney
Given that the punishment for conspiracy is generally the same as the underlying charge and it does not merge with the underlying charge you can face serious jail or prison time if convicted of both. To add to that, due to only needing an overt act, you can be convicted of a crime that never actually happened. Do not face these charges alone against a trained prosecutor. If you live in the Los Angeles or Ventura country areas, call The Pitman Law Firm, we can help you.