It may sound unusual, but you may be charged with a felony simply for planning to break the law under the criminal court system (and doing a little something more). You might be prosecuted with conspiracy even if you didn’t really conduct the underlying offense, such as arson.
So, what is conspiracy, and when may it be prosecuted? Keep reading to get the details and then contact Chambers Law Firm at 714-760-4088 if you require a free legal consultation.
When three things happen in California, a prosecutor can allege conspiracy
The three elements a prosecutor most prove include:
- One or more persons agree to conduct a crime
- One of the people who agreed to commit a crime does an overt act in order to further or advance the agreement
- The overt act occurs in California
In essence, if you agree to commit a crime with someone and either you or the other person does something (no matter how minor) to make that crime happen, you might be charged with conspiracy. You might be charged with conspiracy to conduct any number of California criminal acts.
An example of conspiracy
Consider a circumstance in which you are discussing your dissatisfaction with your low income at work with a coworker. You resolve to rob your boss that weekend, taking his important construction equipment and tools with you.
You go out the next day and get a bolt cutter to cut the padlock on the warehouse entrance where you work. Your coworker tells a buddy about your scheme, who informs the cops, and both of you are charged with conspiracy. You both consented to commit the crime of burglary in this case. By purchasing the bolt cutters, you engaged in an overt act — and you did so in California.
An overt act must have occurred after the agreement to conduct the crime was established, and it must have been done on top of the agreement. It doesn’t have to be a criminal conduct, and it isn’t always. For example, renting a car to take your co-conspirator to a heist might be considered an overt conduct.
Hire an experienced criminal defense attorney if you are charged with conspiracy
Conspiracy cases are intricate, and they frequently need the assistance of a skilled criminal defense attorney. For example, if you and your accused co-conspirators don’t have the same goal, you can’t be charged with conspiracy.
If you planned to vandalize the warehouse while your coworker wanted to rob your employer, you didn’t have a “meeting of the minds,” thus no conspiracy could be formed. Importantly, you do not have to know all of the conspiracy’s participants to be prosecuted with this offence. If you agreed to sell drugs and many other individuals agreed to sell drugs as part of the same conspiracy, it doesn’t matter if you don’t know each other – as long as you agreed to sell drugs personally.
The legal specialists at the Chambers Law Firm can assist you if you have been charged with conspiracy or another California offense. To book a free first consultation with a criminal defense attorney in Riverside, CA, call 714-760-4088 or email dchambers@clfca.com.
