If several individuals agree to commit a crime, plan to conduct the crime, and one of them acts in support of the agreement, a criminal conspiracy case can be filed. Even if the defendants never act illegally on their own, they may be held responsible for conspiracy. It might be a felony or a misdemeanor depending on the state and circumstances.
Keep reading to get the basics of this charge and various ways the prosecutor might try to prove it. Then contact Chambers Law Firm at 714-760-4088 to request a free legal consultation with an experienced white-collar crimes attorney.
What is a charge of criminal conspiracy?
Criminal conspiracy charges can be brought against someone if they made an agreement to commit a crime with at least one other person, they meant to conduct the crime, and they committed an overt act in support of that crime. Each of these elements of conspiracy law can be broken down by a criminal defense counsel.
What are the consequences of a conviction?
Conspiracy convictions carry different punishments depending on the state and the sort of criminal case the defendants plotted to commit. Conspiracy is a wobbler crime in California. It can be prosecuted as a felony or a misdemeanor.
When two or more defendants plot to conduct a felony crime, it will be prosecuted as a felony. Conviction bears the same consequences as the offense committed in the first place. If the conspiracy involved numerous offenses, a conviction imposes the penalty of the most serious criminal charge or illegal behavior.
If the underlying offense is a misdemeanor, a conspiracy conviction might result in up to 1 year in county prison and/or $10,000 in penalties is the maximum penalty.
Similarly, felonies and misdemeanors in federal conspiracy cases have varying punishments. If the plot intended to conduct a felony federal offense, a conviction can result in up to five years in federal prison. If the goal was to conduct a federal offense, the penalty for conspiracy is the same as the crime committed.
Prosecutors have special allowances in conspiracy cases
Conspiracy accusations have a particular element that makes defense difficult. Prosecutors in federal conspiracy prosecutions, unlike in other instances, can utilize out-of-court remarks made by co-conspirators against the defendant. These claims are usually regarded as hearsay.
Conspirators, on the other hand, are regarded to speak and act on behalf of one another in conspiracy proceedings. This means these claims are acceptable, and as a result, prosecutors can rely on comments made by co-conspirators to prove the existence of a conspiracy. Those remarks might have been made prior to the defendant’s participation in the conspiracy.
This additional allowance for prosecutors is all the more reason to work with a criminal defense attorney who knows how to best defend you. Contact Chambers Law Firm now at 714-760-4088 for a strong defense from an experienced attorney.
