FAQ: Conspiracy

Criminal conspiracy in California is defined under Penal Code 182 as an agreement between two or more people to commit a crime, coupled with an overt act taken by at least one of the parties to further the agreement. In other words, simply discussing or planning to commit a crime is not enough. There must be some action — no matter how small — that moves the plan forward, such as purchasing tools for a robbery or scouting a location for a crime.

The legal elements of a conspiracy charge include:

Agreement: The prosecution must prove that an agreement existed between two or more people to commit a crime.

Overt Act: At least one individual involved in the conspiracy must have committed an act that demonstrates movement toward completing the crime.

It is important to note that an overt act does not need to be illegal on its own. For instance, renting a van may be legal, but if it’s done to commit a burglary, it qualifies as an overt act in furtherance of conspiracy.

In a conspiracy case, the burden of proof lies with the prosecution. To secure a conviction, the prosecution must establish two key elements beyond a reasonable doubt:

(1) There was an agreement to commit a crime: This means that two or more individuals must have intentionally agreed to commit a specific crime. The agreement can be explicit or implied based on the actions and communications between the parties involved.

(2) An overt act was committed in furtherance of the conspiracy: At least one of the individuals involved must have taken a concrete step toward completing the crime. Importantly, this overt act does not need to be illegal itself — any act that shows progress toward carrying out the crime qualifies.

One of the challenges for prosecutors is proving that an actual agreement took place. Often, conspiracy cases rely heavily on circumstantial evidence, including communications like text messages, phone calls, or emails. In some cases, undercover officers or wiretaps are used to gather evidence.

If either of these elements is not sufficiently proven, the charges may not stand in court. This is why skilled legal counsel, such as Power Trial Lawyers, is critical for developing a robust defense strategy that challenges the prosecution’s evidence.

Penalties for conspiracy in California vary based on the nature of the underlying crime. Conspiracy is a “wobbler”offense, meaning it can be charged as either a misdemeanor or a felony depending on the circumstances. The penalties depend largely on the severity of the crime that the conspiracy is connected to:

Misdemeanor Conspiracy: For minor crimes, a conspiracy charge could result in penalties similar to those for the underlying offense. This might include jail time of up to one year, fines, or probation.

Felony Conspiracy: For more serious offenses, conspiracy charges can lead to significant prison time, often mirroring the penalties for the actual crime.

For example:

Conspiring to commit a felony, such as robbery or fraud, can result in years of imprisonment.

Conspiracy to commit murder can carry life in prison or, in some cases, the death penalty.

Additionally, if multiple crimes were conspired, a defendant could face separate conspiracy charges for each crime. This means the penalties can add up quickly, leading to decades in prison.

Beyond the legal penalties, those convicted of conspiracy often face long-term consequences, including loss of job opportunities, damage to their reputation, and restrictions on their civil rights, such as the ability to vote or own a firearm.

Conspiracy charges are often confused with other related criminal charges, such as:

Aiding and Abetting: This charge involves helping or encouraging someone else to commit a crime. Unlike conspiracy, aiding and abetting does not require an agreement or a shared plan to commit the crime.

Solicitation: Solicitation involves convincing or encouraging another person to commit a crime. This differs from conspiracy in that there may not be an agreement between the parties, only one person persuading the other.

Attempt: An attempt charge occurs when someone takes substantial steps toward committing a crime but does not complete it. In conspiracy cases, the crime may not even be attempted, as long as there was an agreement and an overt act.

Each of these charges carries different legal definitions and penalties, but understanding the distinctions is critical to defending against them effectively.

If you are facing conspiracy charges, it is crucial to take immediate action to protect your rights and build a strong defense. Here’s what you should do:

Exercise Your Right to Remain Silent: Do not speak to the police or prosecutors without a lawyer present. Anything you say can be used against you in court.

Contact a Criminal Defense Attorney: Working with an experienced lawyer is your best chance to navigate the complexities of conspiracy charges. A lawyer can help you understand the charges, assess the evidence, and develop a defense strategy.

Gather Evidence: If possible, begin collecting any evidence that may help your defense, such as communications, witnesses, or alibis.

At Power Trial Lawyers, we provide our clients with the guidance and representation they need when facing conspiracy charges. We understand the local legal landscape in Los Angeles and Orange County and work tirelessly to protect our clients’ rights and future.