Consider the following scenario: you’re out with your pals when you decide that robbing a bank would be a good time. You all agree to conduct the crime, and your friend even orders ski masks from Amazon on his phone. You thought it was all a joke until you were caught and charged with a felony. Is this permissible?
Keep reading to learn the facts and then contact Chambers Law Firm at 714-760-4088 if you have been charged with or accused of conspiracy, or if you are facing other criminal charges.
The basic facts about conspiracy charges in California
It is illegal in California to agree to commit a crime with one or more other people, and then one of the participants to the agreement does an act in furtherance of that crime. It makes no difference whether the criminal act occurred or not. To be charged with a crime, the agreement and the overt conduct must be present.
You wouldn’t have been charged with a felony merely for consenting to rob a bank in the scenario above. However, if a member of your gang took a step toward committing that crime (such as purchasing ski masks to conceal your identity), you may be charged with conspiracy.
A conspiracy charge in California has three elements
There are three elements to this charge:
- You agreed to commit a crime with another person or many people
- One of the participants to your agreement performed an “overt act” to further the arrangement
- At least one of the overt actions occurred in California
To be charged with this felony, you must have consented to commit it and have the purpose to do so. You did not participate in the conspiracy if you were a member of the group that formed the agreement but did not agree. Similarly, it is not deemed a conspiracy if you never intended to commit the crime — if you thought everyone was kidding.
Even if you entered into such an arrangement, you are not guilty of conspiracy if you withdraw from it before someone does an overt act – as long as you announce your withdrawal before someone conducts an overt act. In the scenario above, telling your buddies that you didn’t want to be a part of a bank robbery scheme before the ski masks were bought could be enough.
Potential sentencing for a California conspiracy conviction
Whether the offense you plan to conduct is a felony or a misdemeanor will determine the sentence for a conspiracy accusation. If the planned offense is a felony, you may be penalized according to the underlying crime’s punishment. If you plot to conduct a minor offense, you might be charged with a felony or a misdemeanor.
Conspiracy, like many other California felonies, is a severe violation that may result in a lengthy jail sentence and/or hefty penalties. As a result, it’s critical to find a criminal defense attorney who knows the law and how to apply it to your unique situation.
We defend clients charged with a variety of charges throughout Southern California at the Chambers Law Firm. To book a free first consultation with a member of our team, call 714-760-4088.
