Conspiracy | Los Angeles conspiracy attorneys

CONSPIRACY

A conspiracy is an agreement by two or more persons (each referred to as a conspirator or co-conspirator) to commit a crime. Conspiracy is commonly referred to as a “partnership in crime.” Conspiracy is a separate offense from the one it is formed to accomplish, and is punished as a separate crime. Conspiracy is a crime even if the planned acts were never completed. Conspiracy charges may be filed in federal court, which may result in a harsher penalty, or a state court.

California Conspiracy Law
In California, Conspiracy Law is defined in Penal Code sections 182 to184. Conspiracy generally refers to an agreement by two or more persons to commit a crime. At least one person, co-conspirator, or defendant, must commit an overt act. An overt act is an act by one or more members of the conspiracy that is done to help accomplish the agreed upon crime. The overt act must occur after the defendant or a conspirator has agreed to commit the crime. The overt act must be more than the act of agreeing or planning to commit the crime, but it does not have to be a criminal act itself. The overt act could be something as trivial as making a phone call, renting a car, or writing a letter. The agreement between the co-conspirators does not have to be an explicit, detailed or formal agreement to commit the crime. This agreement may be inferred from the conduct if the members of the conspiracy acted with common purpose to commit the crime or it can be inferred from the facts and circumstances of the case. California Conspiracy Law does not require that the people who conspire to commit the crime personally know the identity or roles of the other members.

Punishment and Penalties
Conspiracy is an independent crime and is punished in addition to the underlying crime. Thus, if two or more people conspire to commit a murder and then murder someone, each person involved in the conspiracy to commit murder is potentially guilty of two crimes: conspiracy to commit murder and murder. In some cases, a defendant will not be found guilty of the completed crime but will be found guilty of the conspiracy.

When conspirators conspire to commit a felony they are punished in the same manner and to the same extent as is provided for the punishment of that felony. In other words, if a defendant is charged with conspiracy to commit residential first degree burglary and is also charged with residential burglary, punishable by 2 to 6 years in state prison, then a defendant found guilty of both the conspiracy and the burglary would be facing two potential sentences—one for the conspiracy and one for the burglary. Each charge/conviction would be punishable by 2 to 6 years.

A member of a conspiracy is criminally responsible for all of the crimes committed by the co-conspirators that occur within the scope and in furtherance of the conspiracy, regardless of whether he or she assisted in the commission of the crimes or was even aware of the crimes.

Los Angeles Conspiracy Lawyers
At Stephen G. Rodriguez & Associates we have handled many cases involving conspiracy charges. The penalties for a conspiracy conviction are frequently as severe as the penalties are for the underlying crime. In many conspiracy cases, prosecutors attempt to pit one co-conspirator against the other to get the evidence they need for a conviction. The ordeal can quickly become overwhelming. Let an experienced Los Angeles criminal defense attorney from our office review the conspiracy charges against you. Together we can evaluate the charges and evidence against you, any potential defenses, and your options in fighting the charges against you.

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Law Offices of Stephen G. Rodriguez
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Los Angeles, California 90071

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Los Angeles criminal defense attorneys Stephen G. Rodriguez and Associates represent clients in the Los Angeles county area, which include, Airport Courthouse, Alhambra Superior Court, Antelope Valley Court, Bellflower/Cerritos Courthouse, Beverly Hills Court, Burbank Courthouse, Catalina Courthouse, Central Arraignment Court, Central Civil West Courthouse, Chatsworth Court, Criminal Courts Building/Clara Shortridge Foltz Criminal Justice Center, Compton Superior Court, Culver City Court, David V. Kenyon Juvenile Justice Center, Downey Courthouse, Eastlake Juvenile Court, East Los Angeles Court, El Monte Courthouse, Glendale Courthouse, Hollywood Court, Inglewood Courthouse, Inglewood Juvenile Courthouse, Long Beach Superior Court, Los Padrinos Juvenile Courthouse, Central District Court (Downtown Los Angeles Federal Court), Malibu Court, Mental Health Courthouse, Metropolitan Courthouse, Norwalk Superior Court, Pasadena Superior Court, Pomona Courthouse North, Pomona Courthouse South, Redondo Beach Courthouse, San Fernando Court, San Pedro Court, San Pedro Courthouse Annex, Santa Clarita Court, Santa Monica Court, Stanley Mosk Courthouse, Sylmar Juvenile Court, Torrance Superior Court, Van Nuys Courthouse East, Van Nuys Courthouse West, West Covina/Citrus Court, West Los Angeles Court, and Whittier Superior Court.

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