Law of Conspiracy Criminal Defense Riverside County
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What does it mean when you "conspired" to commit a criminal offense? The law of conspiracy simply means that when one individual agrees with one or more other individuals to commit a crime, and one of those individuals takes a step toward committing that crime (an overt act), it is a conspiracy. At the Law Office of Stephen R. Brodsky, our Riverside conspiracy defense attorneys work aggressively to protect the legal rights and freedom of those accused of or charged with violating conspiracy laws. We bring more than 20 years of experience and skill to the table, providing our clients with vigorous and effective legal guidance and representation.
Here are a few examples of conspiracy and overt acts:
- You and others agree to set someone's house on fire; one of the individuals who agrees to the crime purchases gasoline and matches to light the fire
- You and others agree to burglarize a home; one of you call the house to see if anyone is at home
In the United States, it is considered conspiracy when two or more persons agree to break the law at some point in the future. In order for it to become a criminal offense, one or more of the individuals in agreement must take a step (an overt act) toward that end, as described above.
When it comes to the law of conspiracy, there are three facts that are critical:
- The overt act (taking a step toward completion of the crime, such as buying fuel or matches) does not in itself have to be criminal. It is not a crime to buy fuel, or to make a phone call to see if the occupants of a home you intend to rob are home.
- Conspiracy and commission of the crime are two separate offenses. You can commit conspiracy without actually carrying out the crime you intended to carry out.
- Those in agreement (the conspirators) do not need a formal or explicit agreement in order to be charged with a crime. Conspiracy is complete when the individuals make an unlawful agreement and an overt act is carried out by one or more of the conspirators to move further toward the actual commission of the crime.
What are the penalties you may face if convicted on charges of conspiracy?
The penalties you may face if convicted on conspiracy charges depend upon the circumstances of the crime, past criminal record and the seriousness of the offense you intended to commit.
When you conspire to commit a crime against a government official such as a U.S. judge or Secretary, the President or Vice President, or the Governor of any state, it is a felony and incurs penalties that include 5, 7 or 9 years in the California State Prison.
For conspiracies to commit any other felony other than against a government official, the penalties you face are the same penalties you would face if you actually committed the crime. For instance, if you were convicted of rape, you would face 3, 6 or 8 years in state prison. The same sentence would apply for conspiring to commit that crime.
Conspiring to commit fraud is a bit different; fraud is an offense that may be charged by the prosecutor as a misdemeanor or felony. If you are convicted of misdemeanor conspiracy, you will face fines of up to $10,000 and up to one year in a county jail. For felony offenses, the fine remains the same, and you may face 16 months, 2 or 3 years in the California State Prison.
When you are charged with conspiracy, it is imperative that you have a talented Riverside conspiracy defense lawyer on your side. If you conspire to commit murder, rape, arson, kidnapping, robbery or carjacking, the penalties become much more severe. At the Law Office of Stephen R. Brodsky, our Riverside conspiracy defense attorneys are skilled and aggressive. We work diligently to protect your rights and devise a defense strategy that will protect your freedom and future. Contact us today for a free consultation.
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