Conspiracy is committed when there is (1) an agreement by two or more people to commit a crime AND (2) an overt act toward actually carrying out that crime.  Conspiracy is a separate offense from the crime committed or planned by the co-conspirators.  Though often only charged for more serious offenses, and more common at the Federal than state level, California Penal Code Section 182(a)(1) authorizes punishment for conspiracy to commit any crime (emphasis added).

Conspiracy is a felony, and a serious offense, punishable by a state prison term equal to the term of the principal crime involved in the conspiracy.  Accordingly, conspiracy to commit robbery is punishable by up to seven years in prison, like PC 211 proscribes for Robbery.  If there is one conspiracy to commit multiple crimes, the conspiracy is punishable by the more serious planned crime.  A person can also be guilty of separate conspiracies with the same co-conspirators.

What makes conspiracy unique is that a foiled attempt to commit a crime can still be charged.  Even if there was no direct step towards committing the crime, an overt act can involve less behavior. 

Being arrested and charged with any crime is scary, stressful and can ruin your life.  A felony conviction can make employment nearly impossible, lead to immigration consequences, affect professional licensing, and more.  If you or a loved one has been charged with conspiracy, it is important to have great representation on your side.  Your criminal defense attorney can assert your defenses, argue for your rights and negotiate for a better outcome with the prosecutor.

Some defenses to conspiracy charges include:
1.  Withdrawal - a member of a conspiracy can leave the conspiracy by getting out before an overt act toward carrying out the crime.
2.  Fifth Amendment Challenge - if evidence of the conspiracy was the result of un-Mirandized custodial interrogation, it may be possible to exclude the statements from trial.
3.  Mistake of Law - if the defendant does not know that the agreement was to commit a crime (because they did not know that the act was illegal), there is no conspiracy.
4.  False Accusation - perhaps a co-defendant or other "witness" will lie and incriminate someone else.  This might be to achieve lesser punishment for themselves or to get back at the accused for something else.
5.  No Agreement - an offer to engage in a conspiracy is merely solicitation.  Only if the offer is accepted and two or more people agree is there a criminal conspiracy.
6.  No Overt Act - merely agreeing to engage in a criminal act

Examples of cases where conspiracy might be charged include:
1.  Bill and Tim agree to rob a liquor store together.  The two men are sitting in Tim's living room, planning the event, when Tim decides he does not want to go through with it.  Bill convinces Tim to let him borrow Tim's car, but Tim does not go along with the plan.  Because Tim withdrew from the conspiracy to commit robbery, he may have a defense against conspiracy.  He may, however, be guilty of California's aiding and abetting laws.

2.  Gerald is arrested after being caught driving on the 5 Freeway from San Diego to Los Angeles.  He is caught with a kilo of cocaine in his trunk.  In an effort to get a lighter sentence, Gerald says that the cocaine actually belongs to Fred.  Gerald tells the police that he and Fred agreed to buy the kilo and sell it in Los Angeles, splitting the profits.  The officers questioned Gerald while he was handcuffed, but before his Miranda rights were read to him.  This means that the evidence implicating Fred (whether the accusation is true or false)

3.  Malcolm tells his girlfriend, Jen, that he bought the contents of a storage unit at auction.  Jen agrees to go to the unit with Malcolm to see what they want to bring home and what they want to sell.  It turns out, Malcolm did not have a right to access the storage unit, but actually stole the key to the padlock from someone else.  Although Jen agreed to go with Malcolm to take property that does not belong to them, there is no conspiracy because Jen is not aware that they are committing a crime.

Conspiracy charges can have serious consequences, but do not have to.  There are defenses, and having a passionate, aggressive and experienced criminal defense attorney on your side is key.  If you or a loved one is facing these serious charges, contact the Law Offices of Nicholas Loncar now for a free consultation with a Los Angeles Criminal Defense Attorney.