Committing Conspiracy in California
In the California criminal justice system, a person can be arrested and found guilty of a crime, even if they have not fully carried out the intended crime. This article will provide a brief overview of such a scenario, which is called conspiracy. In general terms, conspiracy is the act of individuals getting together and agreeing to commit a criminal act and taking some of the necessary steps to do so. While you may believe since the full crime was not committed that conspiracy would not be a serious offense, the reality is actually the opposite. Committing conspiracy is a very serious offense that caries severe penalties. If you have been accused, arrested, or charged with conspiracy, contact us at Law Advocate Group for experienced criminal counsel.
How Does Conspiracy Occur?
Conspiracy is delineated according to California Penal Code 182 and the prosecutor has the burden to present evidence and prove the defendant’s guilt. The prosecutor has to prove that conspiracy occurred by showing the following to be true beyond a reasonable doubt: the defendant came to an agreement with another person (or multiple people) to commit a crime, an “overt” step or action was taken as part of this agreement, and the aforementioned occurred within the jurisdiction of the state of California. An overt step is one that helps in further realizing the end goal of committing the intended crime.
Penalties for Those Found Guilty of Conspiracy
Conspiracy does not have its own set of penalties. If you are found guilty of criminal conspiracy, you face the penalties for the crime you intended to commit. Therefore, the sentencing for conspiracy can vary, but in most cases, the defendant can face years in jail or prison. If the conspiracy was to commit multiple felonies, then the convicted individual has to serve the punishment for the most “severe” felony. Given the legal complexity and serious nature of conspiracy, we encourage you to immediately reach out to us if you have been arrested or charged with this crime.