In California, conspiracy laws are outlined under California 182 PC. The law considers conspiracy a scenario where one or a group of people agree to engage in a crime. The crime is charged as either a misdemeanor or felony based on your criminal record and the facts surrounding the case. Before you face charges for the crime, the court will require the prosecution team to prove two main elements of the crime.
The elements are agreement and an overt act. The crime will come with a heavy fine and extensive jail terms. It is recommended you seek legal help from a competent conspiracy attorney to help you learn more about conspiracy, its effects on your future life, and the harsh penalties you will risk facing. Remember, the criminal defense attorney you go for will determine the outcome of your case. Thus a competent conspiracy attorney is a priority for the best results of your case.
What is the Legal Meaning of Conspiracy?
Conspiracy occurs when two or more people intentionally agree to engage in a crime and actions are taken to advance the crime. Under California Penal Code 182, it’s a crime to commit a conspiracy. Before you face conviction for the crime, the prosecution team must prove all the elements of the crime. When the prosecution team fails to prove the elements of the crime, you will not face conviction. The elements include:
- You agreed with another person or people to engage in a crime
- One of the involved parties in the agreement took over to advance or further the agreement
- A least of the over acts were performed at the state
You must note that an arrest for a suspicious conspiracy charge will not necessarily lead to the conviction. You cannot be guilty of the crime when:
- You did not have any intent to commit the crime
- You merely associate or accompany members of the conspiracy
As a member of a conspiracy, you do not necessarily know the duties or identity of other conspiracy members. The main focus is whether you agreed to engage in the offense. The main questions will only arise around:
- Overt act
- Agreement.
Parties Agreement
The agreement is one of the main elements of the crime. It's not necessary for you and other involved parties to come into a formal or detailed agreement. The agreement might be inferred from your conduct when you had a common purpose to engage in the crime.
For example, Paul and John are seen sneaking into a residential home at nighttime. They are both dressed in a black suit, and Paul is carrying a bag. John a small long piece of wood in front of the house door to see whether the homeowner puts the light on. Under this situation, both Paul and John would face burglary charges. Even if they did not have a detailed or formal agreement to engage in the crime, they would face the charges.
What is the An Overt Act?
Another central element of the crime is an overt act. In California, an overt act is a behavior conducted to advance or help accomplish a planned crime. The act is committed After you agree to commit the crime. Remember, the overact should be more than planning or agreeing to engage in the crime, but it doesn’t have to be a criminal behavior itself. The behavior might be as simple as:
- Renting a car or room
- Purchasing a firearm
- Entering into a room to locate its exits
- Making a call
- Making signals to the co-conspirator
California Penal Code 182
Under the law, conspiracy occurs when two or more people conspire:
1. To commit any offense
2. Maliciously and falsely indict another person for any offense, or procure someone else to face arrest or charges for the crime.
3. Falsely maintain or move any action, suit, or proceeding.
4. To defraud or cheat someone else of any item through any criminal means or obtain properties through false promise or pretense
5. To engage in any behavior that might cause public injury or obstruct or prevent justice.
6. To perform any offense against the people of the president or deputy president of the US. Or the governors of any territory or state, or judges and the secretary of any US executive departments.
Examples of Conspiracy In California
Bill and Abel plan to mug a nearby bank. They sketch the building and inform Stephen to disable the building’s surveillance cameras. The deliberate plan and communication desire fulfill the crime’s elements of intent and agreement. Also, drawing the damage of the premise’s cameras and the map meets the features of the crime’s act. If Stephen knew the purpose of disabling the surveillance camera, all the involved parties would face conspiracy charges.
Howard told James had planned to hijack his neighbor Grace, and he wanted to borrow his pick up to carry out the kidnap. James then agrees and even suggests Howard use one of the rooms in his house to store Grace after kidnapping her until her father pays ransom money. Both parties prepare a room and write a ransom letter after kidnapping Grace.
James helped Howard perform the offense, fulfilling the features of the crime, intent, and agreement. Again, preparing the room and writing the ransom letter will fulfill the element of an overt act.
Who Can Face Charges for Conspiracy in California?
- A party of conspiracy will face the charges even when the alleged crime was not carried out. Remember, conspiracy and the alleged crime of conspiracy will come with different charges. Thus you will face charges for the crime when you are involved under the following situations:
- As a part of the conspiracy group, you don’t necessarily need to know the duties of the other members or even their identity to face the conviction.
- A party of a group is not accountable for the behavior of other involved members after accomplishing their goal of the crime.
- You are not accountable for someone else's behavior, not a party to the conspiracy, even when their actions helped you achieve the aim of the conspiracy.
A party of the conspiracy will be accountable for any crime they conspire to engage in despite which group party committed it. As a part of the conspiracy, you will be responsible for any part of the group when their acts aim at furthering the crime. Also, when their behavior is probable and a natural effect of the design and plan of their agreement. The rule will apply even when the behavior was not in their initial goal. Under the same rule, a conspiracy member doesn’t necessarily need to show up during the crime.
Punishment, Sentencing and Penalties Guidelines for Conspiracy
Like any other criminal offense, conspiracy is heavily condemned and sentenced in the state. So, the crime will attract fines and jail terms. Under California Penal Code 182, the law sets different penalties for different kinds of conspiracies. The charges will match the crime in question even when the crime did not take place. The California PC 182 guides the penalties you face under the various conspiracy cases as follows:
Conspiracy Against a Government Official
When you conspire to commit conspiracy against a government official, as outlined under paragraph (6), you will be guilty of a felony. Thus, you will remain behind bars for a period ranging from 5 years, seven years, or even 11 years.
Conspiracy Aimed at Committing More Felonies
The charge is a felony and is punishable by the penalties made for the felony crimes. When one conspiracy involves more felony offenses, the conspiracy conviction is punished by the fines placed for the most severe felonies.
Conspiracy to Commit Murder
You may face charges for conspiracy to murder whether the killing was completed or not. For instance, you may face conviction for first-degree murder when you do the following:
- You gave aid, abetted, instructions, commands, or counseling to the killer.
- You induced, hired, solicited, attempted to kill, or convinced someone to kill.
Conspiracy to Engage in Fraud
When you conspire to engage in a behavior outlined in paragraph (4), you will face punishment by jail time in jail for 12 months. Or you will pay a fine of up to 10,000. Also, you may face both fines and jail terms.
Conspiracy to Engage in Identity Theft
When you obtain a felony conviction for conspiring to engage in identity theft, as per section 530.5, the criminal court may require you to pay a fine not exceeding $10,000 for the misdemeanor charge. The charges will vary depending on the facts surrounding the case and your criminal record. Also, the charge may be either a felony or a misdemeanor. When a felony, the court will require you to pay a fine of up to 25,000. You will also remain in jail for up to 3 years.
Conspiracy to Engage in a Violent Offense Resulting in Death
When you conspire to commit a violent offense in California like kidnapping, robbery, carjacking, arson, or rape, which result in the death of the alleged victim, or a foreseeable consequence, the crime is first-degree murder. Thus you will face the charges placed for the first-degree murder regardless of whether the killing was intentional or not.
Other Acts of Conspiracy
When you conspire to engage in any other act outlined under penal code 182, you will remain in a county jail for 12 months or according to section 1170 subdivision (h). you may also pay fines of up to $10,000 or even face both jail time and heavy fines.
Conspiracy and Expungement
Just like in many crimes in California, you may erase the conspiracy conviction from your criminal records. You want to work closely with your criminal defense attorney. When you face conviction for conspiracy, you are entitled to expungement when you:
- Complete the ordered probation
- Complete your jail term
When you violate the probation terms, you may still qualify for expungement. But, it would be the judge’s discretion. Under California PC 1203.4, expungement will release you from all penalties coming with your conviction. Ensure you consult your conspiracy lawyer. The lawyer will help you understand the benefits of expungement to your future life. Again they will guide you during the expungement process.
The conviction for conspiracy would also hurt your rights to possess a firearm. According to the law, a convicted felon is prohibited from owning or possessing a gun. So, you will lose your right to have a gun.
Possible legal defenses for conspiracy
Under California laws, conspiracy charges are severer than anyone would expect. When facing the charges, you need the assistance of a conspiracy lawyer to fight for your rights. Below are the legal defenses your lawyer may use to fight against your conspiracy charges.
Withdrawal From The Conspiracy
You would not be able to face conspiracy charges if you pull out of the planned conspiracy before the crime takes place. To pull out of the conspiracy, you must affirmatively and truly reject the conspiracy. Leaving conspiracy includes communicating it by actions or words to the involved members before an overt act is taken towards the crime.
By withdrawing effectively, you will not be liable for any act of co-conspirators that they committed after your withdrawal. The prosecution team should prove you didn't pull out of the conspiracy before the crime in question occurred to face conviction for conspiracy. When the prosecutor fails to prove, you cannot face conspiracy charges. Again your defense lawyer can prove you affirmatively rejected the conspiracy before an overt act furthering the offense occurred, hence beating the charges.
Mistake of Law
In California, a Mistake of law can be a defense to a conspiracy when you have a reasonable belief that your conduct is not illegal. Your honest good faith belief is the only requirement for this defense. To face conviction for conspiracy, you should have agreed to engage in the crime. If you didn’t know you were conspiring to carry out an illegal act and had a reasonable belief that you were within your legal right, you could not face the charges.
False Accusation
Under California laws, conspiracy involves several people being involved in planning and committing the crime. You may be falsely accused of conspiracy since co-conspirators may accuse you due to fear, revenge, or anger. To face conviction for the crime, the prosecutor must prove you agreed and had the intention of committing the crime. When the prosecution team falsely accuses you of conspiracy when you were not a member of the conspiracy, you will not be convicted for conspiracy since our defense lawyers will help uncover the false accusations.
No Agreement
The prosecutor must prove you had an agreement with the conspiracy team to engage in the crime. You may use lack of agreement as a defense if the prosecution cannot establish any prior agreement to engage in the crime. Remember, the offense might still occur even when you did not have any agreement to commit it. Thus it's not considered a conspiracy. When the prosecution fails to prove a prior agreement towards committing the crime, you cannot face conspiracy charges.
No An Overt Act in The Alleged Crime
When no overt action was taken towards committing the crime, a defense lawyer may help by attacking any false evidence. This is because planning a crime does not mean undertaking it until steps are taken to carry out the crime. A competent criminal defense lawyer can use this defense and show that no conspiracy member performed an overt action towards committing a crime. However, the defense works when you did not overtly commit the crime and will not be convicted for conspiracy.
For example, John and Jimmy agree to kidnap Sam. John suggests they use their bedroom to keep sam. They prepare a room where they will keep Sam, but they don't undertake further actions. Although they conspired to kidnap Sam, and no overt steps were taken apart from planning, they will not face conviction for conspiracy.
Mere Associations
The court cannot establish a conspiracy by mere associations with the conspiring parties. So, the prosecutor must show you participated; you were interested, you had a common illegal design with the conspiracy parties. These mere associations with the conspiracy members will not make you part of the team. Even when you made a statement or acted in actions to further the conspiracy, that alone is not sufficient to make you a member of the conspiracy team.
Contact a Van Nuys Criminal Defense Attorney Near Me
Conspiracy cases are complex. Handling the conspiracy case alone might be challenging, especially when it's your first-time offense. Thus, when you face a conspiracy conviction in California, you must discuss the situation with your conspiracy attorney. The attorney will help you learn more about conspiracy laws and understand your rights. You need to receive legal representation from our compassionate attorneys from Leah Legal. We serve our clients in and around Van Nuys, CA, on a 24/7 basis. So, you may reach us today at 818-484-1100 or by visiting us online and speak with one of our skilled conspiracy attorneys.