A conspiracy occurs when you and other persons agree to commit a criminal act and take actions to further that crime. It is crucial to understand that you can be charged and convicted for conspiracy even when the actual crime did not occur. The most crucial element of a conspiracy case is that one of your conspirers takes action towards accomplishing the crime you agreed upon.

Conspiracy is a serious offense under California law, and the crime could attract life-changing consequences. If you are found guilty of the crime, you risk spending time in jail and carrying the burden of a criminal record long after serving your sentence. The best way to protect your future when you face charges under PC 182 is by seeking the guidance of a competent criminal defense attorney. Your attorney will help you understand the issues around the crime while building a solid defense for your case. This blog will help you understand what conspiracy is and some of the consequences.

Overview of Conspiracy under California Law

Under California Penal Code 182, conspiracy is an agreement between two or multiple individuals to commit a crime. For you to be charged with conspiracy, you or one other party must have committed an overact to further the crime for which you had planned. The attempt to commit the crime must occur after you have agreed to commit the crime.

Under CPC 182, some of the acts that constitute illegal conspiracy include:

  • A Conspiracy to commit a crime which could be a misdemeanor or a felony
  • Conspiracy to move a suit, action, or proceeding falsely
  • Conspiring to maliciously or falsely accuse another person or have them arrested for a crime they did not commit  
  • A Conspiracy to commit fraud against another person or entity
  • Conspiracy to cause injuries to another person or obstruct justice
  • Conspiring to commit a crime against a peace officer or other public officials

Before you face a conviction for conspiracy, the prosecution must establish all the elements of the crime beyond a reasonable doubt. The elements of the crime are a set of facts that must be clear for a successful conviction of a defendant. When you face charges, the prosecutor bears the burden of proving your guilt by establishing the following elements:

  1. You agreed with another person to commit a crime. An agreement to commit a crime does not need to be formal or detailed. Sometimes an agreement could be inferred from your conduct if there is a common purpose to commit the crime. When establishing your guilt under this statute, the prosecution must prove that you agreed with another person or multiple people to break the law.
  2. You or another member of the conspiracy committed an overact to further the agreement. An overact is more than the act of planning or agreeing to commit the offense, but it doesn’t need to be criminal. A minor act like making a call or renting a vehicle to commit a crime could result in an arrest and charges for conspiracy. Before you face a conviction for conspiracy, the prosecution must prove that one of the conspirators made a step towards committing the actual crime.
  3. At least one of the overacts was committed in California. For you to be guilty of violating PC 182, one of the attempts to facilitate a crime must have taken place in California. Overacts done in other States for a crime committed in California could result in federal conspiracy charges.

It is crucial to understand that you cannot be convicted for conspiracy if you merely accompany or associate with a conspiracy member. Also, you are not guilty of the crime if you had no intention of committing the offense. As a member of a conspiracy, you do not need to know the identity of all the members.

Legal Penalties for Conspiracy in California

Conspiracy is an independent crime that is punished in addition to the actual crime. Therefore, if you and another person plan to commit a crime and are arrested, you could be guilty of both conspiracy and the crime you agreed to commit. However, it is crucial to understand that you can be convicted for conspiracy even when you did not commit the actual crime.

In California, a conspiracy to commit a crime is a wobbler. The prosecutor can charge the crime as a felony or a misdemeanor depending on the crime you intended to commit. If you conspired to commit a felony, you would face charges for a felony, and a conviction will attract penalties similar to those imposed for committing the actual crime.

For example, if you and another person agree on committing a robbery and the other party goes ahead to commit the crime. In that case, you will be charged with conspiracy but face penalties for the robbery. A member of a conspiracy who goes ahead to commit the crime will face penalties for both crimes.

Conspiracy to commit acts other than commit a crime against the president or public official is punishable with a jail sentence of up to one year or a three years State prison sentence. A conviction for conspiring to commit a crime against a public official attracts a prison sentence of nine years. Whether or not you participated in commissioning a crime, being a member of a conspiracy makes you responsible for all offenses committed by your co-conspirators within the scope of your conspiracy.

In addition to the legal penalties, a conviction for conspiracy may negatively affect your immigration status. In California, a non-citizen could face deportation for committing a crime of moral turpitude.

A crime of moral turpitude involves a high degree of dishonesty or conduct that is not acceptable to society. Some of the crimes under this category include:

  • Assault with a deadly weapon
  • Lewd conduct with a child
  • Child abuse
  • Making criminal threats
  • Failure to register as a sex offender after a conviction for a sex crime in California  
  • Sale and distribution of illegal or controlled substances
  • Murder
  • Receiving stolen property
  • Manslaughter

You risk facing severe immigration consequences if you face a conviction for conspiracy to commit the above crimes. In addition, your credibility as a witness to a criminal case and your ability to acquire a State license could be limited.

A conviction for this offense will be public and accessible by potential employers. Many employers are reluctant to offer employment to an individual with a criminal record. Fortunately, you can escape the disabilities for this conviction by seeking to expunge or seal your conviction.

Expunging your record prevents employers from discriminating against you based on the conviction. If you complete your probation and are not facing additional charges, the court could allow you to withdraw the guilty or no contest plea in your case. On the other hand, sealing your conviction erases it from the records and will not be accessible to the public. If you wish to seal or expunge your conviction under PC 182, it would be wise to contact a criminal lawyer for guidance.

Defenses against Penal Code 182 Charges

Conspiracy cases vary depending on the crime with which you are accused of conspiring to commit. The penalties for a conspiracy conviction may be harsh and life-changing. Fortunately, your criminal attorney can help you build a strong defense and beat the charges. 

When you face criminal conspiracy charges, the prosecution may pressure you to make a deal where you plead guilty to the crime. Pleading guilty for a crime you did not commit is not a wise idea, and you should never accept such a deal before consulting a criminal defense attorney. Although defense strategies, you can be able to argue one or more of these defenses:

  1. Lack of Evidence of an Agreement Between you and a Co-conspirator

The presence of an agreement between you and another person to commit a crime is a crucial element that a prosecutor must establish when proving your guilt under CPC 182. If the prosecution cannot prove without a reasonable doubt that you and another co-conspirator agreed to engage in criminal activity, you may avoid a conviction for the offense. Unless you or another member of the conspiracy confesses, proving this aspect of your case can be challenging.

  1. Lack of an Overact in Furtherance of the Conspiracy

Even when you agree to commit a crime, you can only be found guilty of conspiracy if you or another conspiracy member acted to further the crime. Acts that may be committed to further or commission a crime may include identification of the target, purchasing materials required to carry out the crime. If you face conspiracy charges, you can argue that the overact committed by you or another conspirator was innocent, or it did not take place.

  1. Withdrawal from the Conspiracy

Backing out of a planned crime on time could help you avoid the consequences that accompany a conviction for conspiracy. However, it must be clear that you withdrew from the conspiracy before the crime occurred, and you made the withdrawal clear to all your co-conspirators. It is essential to understand that failing to participate in a crime you conspired to commit is not an acceptable defense for PC 182 charges.

  1. Mistake of Law

If you face conspiracy charges, you can argue that you did not know of the illegal nature of the plans in which you participated. The defense on a mistake of law is often applicable in obscure crimes, and you must present evidence indicating your lack of knowledge.

  1. You did not have a true Intent to Commit a Crime.

You could not be charged with conspiracy if you did not intend to commit the crime. Sometimes conversations may arise regarding a crime, but you do not take measures to commission the actual crime. As a defense to your case, you can claim that you lacked the actual intent to commit the offense in question.

  1. You are Married to your CO-conspirator

A conspiracy involves two or more people who agree to commit a crime. However, it is essential to understand that the law cannot hold you accountable for a crime committed by your spouse even when you know their plan to breathe the law. Therefore, you can use this defense if you are charged for conspiring with your spouse or domestic partner to commit a crime.

  1. False Accusations

Conspiracy does not always involve an actual crime. In this case, you can still face a conviction even when the actual crime did not occur. When you face charges for violation of California Penal Code 182, your case may be solely based on testimony from your co-conspirators or speculations from the police. Although the prosecution always prefers to have an unbiased witness, it may not be possible. It is common for you to be falsely accused of being part of a conspiracy to commit a crime. There are several reasons why you could fall victim to false accusations, including:

  • Wrong motives such as greed, revenge, or anger
  • A mistake based on the honest belief that you were part of the conspiracy
  • False identification based on prejudice

If you are a victim of false accusations, your attorney can help you uncover the facts of the case to clear your name and help you avoid a conviction.

Federal Conspiracy Charges

When you conspire to commit a crime in California, you will face charges under the State laws. However, some crimes go beyond the borders and are often prosecuted in federal court. Some of the crimes that could result in federal conspiracy charges include drug conspiracy and terrorism, among others.

Federal conspiracy is an agreement between two or more individuals to break the federal drug laws. For you to face a conviction for a federal drug charge, the prosecutor must prove that:

  • You agreed with another person of multiple individuals to break a federal drug law
  • Each member of the conspiracy knew of the agreement

Although the meaning of drug conspiracy is broad, you may face federal drug conspiracy charges for any of the following actions:

  1. Manufacturing controlled substances could involve growing, processing, or taking part in producing the substances.
  2. Importing a controlled substance into the United States
  3. Distribution of the controlled substances. Distribution, in this case, refers to the delivery of the drugs to another person. When charging you with drug conspiracy for distribution, the prosecutor does not need to prove your intent to exchange the drug for money.
  4. Possession of a controlled drug to distribute. Possession is a case where you face an arrest for having an illegal drug in your control. Additionally, the prosecution may attempt to prove your intentions to distribute the drug.

If the court finds you guilty of federal drug conspiracy, the penalties you face will vary based on the type of substance and amount of each drug involved:

  • A conviction for conspiracy involving marijuana attracts a federal prison sentence ranging from five years for 100kg of the drug to forty years for 1000kg.
  • If you are convicted for a conspiracy involving up to 100g of heroin, you will face a minimum sentence of five years. If the drug amounts to 1kg or more, you could face up to forty years in federal prison.
  • The federal government has upped its enforcement of crimes that involve opioids. You could face a twenty years prison sentence for a conspiracy involving opioids. In addition, you may face an enhanced sentence if the crime took place and resulted in injuries or death.
  • A conviction for conspiracy of a crime involving cocaine attracts a federal prison sentence ranging from five to forty years.

Although the prosecutors in federal court work hard to ensure that individuals facing drug conspiracy charges end up behind bars, all hope is not lost. With proper legal guidance, you can fight to have your charges reduced or dropped. Some of the common defense strategies you can employ for your case are similar to those of defending other conspiracy charges.

In addition, you can argue that the evidence presented against you was obtained illegally. If it is evident that the evidence in your case was obtained from illegal search and seizure or forced confessions, the judge could render it inadmissible.

Find Los Angelest Criminal Defense Attorney Near Me

A conspiracy is an agreement between two or more individuals to commit a crime. Conspiracy, also known as a partnership in crime, is prosecuted and punished separately from the actual crime. You can face an arrest and charges for conspiracy if you plan to commit a crime even when the actual crime did not materialize. In California, a conviction for conspiracy attracts severe legal penalties. If you conspire to commit a federal crime, you could face charges in federal courts, resulting in harsher penalties.

If you or a loved one faces conspiracy charges, you will require the guidance of a competent criminal defense attorney. At The LA Criminal Defense Law Firm, we work hard to provide the legal guidance and representation you need to fight the charges. If you are in the Los Angeles area, we invite you to get in touch with us today at 310-935-1675.