Under the laws of most states, including California, an individual may be charged for “conspiracy” to commit a crime instead of actual commission of a crime. Often, the charge of conspiracy carries with it the same potential penalties as actual commission of the crime. If you have been charged with conspiracy to commit a crime in California, it is important to understand what conspiracy means and what is needed for the prosecutor to prove conspiracy in court.
California Penal Code 182 covers the elements of conspiracy in California. According to that section of the code, a conspiracy occurs when someone:
- agrees with one or more other people to commit a crime, and
- one of them commits an overt act in furtherance of that agreement
What does this mean in practical terms? An illustration may be helpful. Imagine that you and two other individuals are sitting around one day and you begin talking about how easy it would be to rob the corner store. The more you all talk the more details emerge and a plan starts to form. You note that the night clerk closes up at midnight and that the back door is only locked with a padlock from the outside. You all agree that the padlock could easily be broken with a sledgehammer. You then go on to talk about how easy it would be to get in and out with a few bags full of loot in less than five minutes. You decide that you will put your plan into motion over the upcoming weekend. The next day, one of the three of you goes out and buys a sledgehammer. Unbeknownst to you, the third member of the group was an undercover officer. You and the other individual are arrested later that day and charged with conspiracy to commit burglary.
Unfortunately, you could be convicted on the charge because both the elements of conspiracy are present. You and the other two individuals agreed to commit a crime. When the other individual in the group went out and purchased the sledgehammer that may constitute an overt act in furtherance of that agreement. It is important to understand that you do not have to be the one who commits the overt act in furtherance of the agreement for a conspiracy charge to stick. If anyone in the group commits the overt act then all of the members of the group could be found guilty for conspiracy. In addition, the overt act can be something that in and of itself is completely legal, as in the example above.
Conspiracy is usually much harder for the prosecutor to prove than in this example. For instance, as a defendant, you may be able to prove that no agreement existed, that no overt act was committed, or that although you may have initially gone along with the plan you changed your mind and withdrew from the conspiracy.
Be sure to consult with an experienced California criminal defense attorney if you are charged with conspiracy to commit a crime in California. For immediate legal help, contact San Diego criminal defense attorney Domenic J. Lombardo at (619) 232-5122 to schedule a free and confidential consultation.
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