In conspiracy cases, overt acts play a crucial role in linking the individuals involved to the criminal activity. An overt act refers to any action taken by the conspirators to advance the plan, and it must occur after the defendant agrees to participate in the crime. While these acts don’t necessarily have to be criminal acts themselves, they must go beyond mere planning or agreement to commit the crime. For example, a legal action such as purchasing a firearm with a valid license could be considered an overt act if the firearm is intended to be used in furthering the commission of a crime, like murder.
Key Points about Conspiracy Charges:
Overt Acts: The overt acts don’t have to be criminal, but they must demonstrate a step toward committing the crime. For instance, the purchase of a weapon might not be illegal in itself, but if it’s done with the intent to use it in a crime, it can contribute to a conspiracy charge.
Knowledge of the Conspiracy: A person doesn’t need to know the identities of all the other conspirators or their specific roles to be charged with conspiracy. Merely participating in or assisting in the conspiracy, with the intent to further the crime, can lead to charges. For example, someone who knows about the planned crime and assists in it—perhaps by helping gather tools or by being present—can be held liable for conspiracy even if they don’t directly commit the crime.
Liability for Conspiracy: Individuals can still face conspiracy charges even if other conspirators are killed or arrested before the crime is completed. The mere agreement and any overt acts that further the conspiracy are enough to establish liability.
Wharton’s Rule: According to Wharton’s Rule, if the substantive crime inherently requires the cooperation of two or more people (like in cases of bribery or incest), individuals cannot be charged with both the substantive crime and conspiracy. The crime itself takes precedence, and the conspirators can only be charged for that specific offense. For example, if two people agree to commit an act of bribery, they can’t be charged with both bribery and conspiracy to commit bribery—just the act of bribery itself.
Conspiracy charges can be complex, and determining whether an overt act has been committed, or whether Wharton’s Rule applies, is essential in defending against such charges. If you’re facing conspiracy accusations, call (818) 797-4465 to schedule a consultation or contact us online.