![]() ![]() The prosecution still must be able to prove that you were involved with the conspiracy and that after you made this agreement, someone took an overt action towards making the plan a reality. The rules of evidence are looser in conspiracy cases, allowing the prosecutor to use evidence against you that they might not be able to have admitted in a case involving a regular criminal charge. Fighting Conspiracy Charges in California It is also common for those facing conspiracy charges to be accused of violating the state’s gang crime laws if they agreed to commit illegal activities on behalf of an organized crime ring. As a misdemeanor, it is punishable by up to one year in jail, but as a felony, it carries a 3-year prison sentence. Under the law, those who aided and abetted another to commit a crime face the same charges as the person who committed the criminal act.Īlternatively, those who helped someone avoid the police after committing a crime can be charged with being an accessory after the fact, which is a wobbler. You could also face aiding and abetting charges for taking any act in furtherance to commit the agreed-upon crime, even if you were not directly involved. When the offenses were never actually brought to completion, they may instead face attempted crimes. If the crime was completed, they can be charged with both conspiracy and whatever actual crimes they committed. When conspiracy charges in California involve more than one felony offense, the defendants will face penalties for the offense with the most severe sentence.Īs an example, if two people have committed grand theft in part of their effort to manufacture drugs, they will face up to 7 years for the drug crimes, as the maximum sentence for these theft crimes is only 3 years. They will instead face jail time if the crime involved an agreement to commit a misdemeanor. If the offense was a felony, those convicted will face prison time. Conspiracy Penalties Under California LawĪnyone convicted of criminal conspiracy charges under 182 (PC) is subject to the same penalties as the crime they conspired to perform. It is also possible to face conspiracy charges in California for planning to falsely accuse or frame someone for a crime. In that case, they can be charged with conspiracy to commit murder, even if they are caught or abandon the plan long before the killing actually transpired. Similarly, if the murder was completed, but one person never took any part in the actual plot, they could still be charged with the others if they conspired to commit the crime. There is no requirement that the offense took place for charges to be filed as long as those involved took an overt act toward its completion. Under 182 (PC), a conspiracy occurs when two or more people plan and work together to commit a felony and take some kind of action toward the completion of the crime. Conspiracy to Commit a Crime Charges in California Conspiracy allegations are drastically different than most criminal charges, as a person accused of the crime need not have actually committed an actual crime other than planning illegal activities with someone else -the criminal act itself doesn’t even need to have occurred. ![]() Under California Penal Code section 182 (PC) though, a conspiracy occurs when two or more people work together to plan or commit any crime. When people hear the word “conspiracy,” they typically think of some kind of crackpot theory you might read online.
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