Conspiracy is defined as two or more persons agreeing to commitment a crime, where at least one of the persons completes an “overt act” in furtherance of the conspiracy. California law does not require that the co-conspirator know all members of the conspiracy. In addition, conspiracy is a specific intent crime requiring the defendant to have the intent to commitment the underlying offense. To be charged with conspiracy, an individual need not have actually committed the crime, only to have conspired to commit the crime. A simple agreement, however, does not constitute conspiracy; there must be an “overt act” in furtherance of the conspiracy.

An “over act” is any action taken by any of the co-conspirators which goes beyond planning, talking or the agreement. It does not have to be an illegal act and may not even be an element of the crime, but it must be an act which is in furtherance of accomplishing the conspiracy. The overt act could be something as trivial as making a phone call, delivering a package, renting a car, purchasing an item used in the crime or writing a letter.

Conspiracy charges are usually serious, and can result in lengthy prison sentences. Whether you are believed to be a "kingpin" in the conspiracy, or a minor player, it is important to have an effective criminal defense lawyer on your side that will defend you in a conspiracy case.

Conspiracy Legal Penalties

Under California Penal Code section 182, conspiracy can be charged as a felony or a misdemeanor. Conspiracy is an independent crime and is punished in addition to the underlying crime. For example, if two or more people conspire to commit burglary and follow through with the burglary, each person involved in the conspiracy to commit burglary is potentially guilty of two crimes: conspiracy to commit the burglary and the burglary itself. Consequently, a defendant may not be found guilty of the completed crime (i.e., the burglary) but will be found guilty of the conspiracy (i.e., conspiracy to commit the burglary).

When they conspire to commit any other felony, they shall be punishable in the same manner and to the same extent as is provided for the punishment of that felony. Thus, in order to determine the applicable legal penalties associated with the conspiracy charge, one must look at the underlying offense in order to make that determination.

Finally, all parties of a conspiracy are equally responsible for the actions of other parties and furtherance of the conspiracy. This means that all parties to the conspiracy are equally responsible for all crimes committed in furtherance of the conspiracy, whether or not the accused intended to commit those crimes or had knowledge of those crimes.

Conspiracy Defenses

There are a number of potential defenses in a conspiracy case. You may have never joined the conspiracy, or if you did, the prosecution may misperceive the nature and extent of your involvement. You may have withdrawn from the conspiracy. The drug quantities in a drug conspiracy may be overstated, or the amount of loss attributable to you in a fraud conspiracy may be inflated. The witnesses against you may be lying in order to cut a more favorable deal with the prosecutor. In all of these instances, the attorneys at The Chahine Law Firm will work hard to extricate you from trouble where possible, or resolve your case through the striking of a favorable plea disposition when it is in your best interest to do so.

Los Angeles Conspiracy Defense Attorneys

Conspiracy cases often involve complex investigations, facts, and a good deal of evidence. At The Chahine Law Firm our Los Angeles conspiracy attorneys have a complete understanding of both federal and state law and are well-educated regarding all types of complex conspiracy cases. Regardless of the type of conspiracy offense you are charged with, our attorneys have the education, skill and commitment needed to provide you with excellent legal defense representation for your conspiracy case. Contact us today for a free case consultation and speak with an attorney about your case.