There are instances in the criminal justice system where you might be charged with a crime only for intending to breach the law, which may seem unusual. You may still be charged with conspiracy even if you don’t really perform the primary offense, such as arson.
Keep reading to learn more and then contact Chambers Law Firm at 714-760-4088 if you are facing this or another charge and require help from an experienced criminal defense attorney.
What exactly is conspiracy, and when may it be charged?
In California, a prosecutor may file a conspiracy charge in the following situations: a crime is agreed upon by one or more individuals; one of the agreed-upon criminals commits an overt act to carry out or advance the agreement; and the overt act is committed in California.
In essence, you could be charged with the crime of conspiracy if you conspire with someone to commit a crime and either you or the other person take any action (no matter how tiny) to make that crime happen. You might be accused of conspiring to commit any number of criminal acts in the state of California.
An example of conspiracy
Consider a scenario in which you are venting your frustration with your coworker over your low income at work. Together, you resolve to rob your boss that weekend and take his priceless tools and construction equipment. The padlock on the door to the warehouse where you work needs to be cut, so the following day you purchase a bolt cutter.
Your coworker tells a friend about your conspiracy, who then phones the police and charges both of you with conspiring. In this instance, you both consented to commit the burglary crime. By purchasing the bolt cutters, which you did in California, you engaged in an overt act.
The agreement to conduct the crime must have been followed by an overt act that was done in addition to or after the agreement. It need not be illegal, and frequently is not. An overt act can be, for instance, renting a car to transport your accomplice to a robbery.
When to contact an attorney
Conspiracy cases can be difficult, and you should frequently seek the counsel of a knowledgeable criminal defense lawyer. For instance, you cannot be found guilty of the crime of conspiracy if you and your claimed co-conspirators did not have a common goal. In the previous coworker scenario, there couldn’t have been a conspiracy if you had intended to vandalize the warehouse while your coworker sought to rob your boss.
However, it’s crucial to note that you cannot be accused of this crime if you did not know any of the conspiracy’s participants. It doesn’t matter if you don’t know each other if you individually agreed to sell drugs with someone and there are numerous other persons selling drugs as part of the same conspiracy.
The lawyers at Chambers Law Firm can aid you if you have been accused with conspiracy or similar felony in California. To arrange a free initial appointment with a criminal defense lawyer in Riverside, California, call us at 714-760-4088 or email dchambers@clfca.com right now.
