![]() ![]() If conspiracy to commit an injurious act as a felony is filed against the defendant, and no specific felony is identified, then the defendant could face up to three years in jail. PC 182(a)(1) Jail Sentence: Conspiracy to commit an injurious act may be filed as a felony or as a misdemeanor depending on the target offense. Arguably, the most common criminal charge of conspiracy is found at PC 182(a)(1) conspiracy to commit a an injurious act, or conspiracy to commit a felony. There are several variations of conspiracy crimes. One Conspirator's Overt Act: Only one of the conspirators is required to make the overt act in order for the crime of conspiracy to be complete against all conspirators.įor example, if five defendants conspire to commit the crime of welfare fraud, then all defendants are guilty of conspiracy to commit welfare fraud when only one of the defendants makes an overt act towards the target crime of welfare fraud. Otherwise, the defendant will not know what overt act against which to defend. Note: The district attorney does not have to allege every overt act that might have been taken by the defendant in a conspiracy charge, but the district attorney must allege at least one. Without the overt act being charged in the charging documents, the defendant may not be found guilty of the conspiracy charge. For example, if the prosecutor charges the defendant with the crime of murder and the crime of conspiracy to commit murder, then the prosecutor must include the alleged overt act in the charging documents. Overt Act Must be Charged: A conspiracy charged must announce the overt act in the charging documents. On the other hand, if the defendant if found not guilty on the target offense, she may still be found guilty of the conspiracy to commit the target offense.įor example, if David conspires to commit murder against Goliath, but David is unsuccessful in his murder attempt of Goliath, the David may still be prosecuted for the conspiracy to murder Goliath. For example, if two people conspire to commit robbery, and thereafter at least one of them commits the robbery, then both people are criminally liable for the conspiracy and the robbery (two separate offenses that carry separate punishments for both crimes). Thus, the "overt act" is a pivotal part of any conspiracy prosecution.Īlso, the crime of conspiracy is a separate crime from the target offense. On the other hand, if two people agree to commit murder but then do nothing whatsoever in furtherance of that agreement, there is no conspiracy. This substantial step towards completing the targeted crimes is known as an "overt act."įor example, if two people agree to commit murder with a gun, then purchasing a gun might be considered an act in furtherance of the conspiracy to commit murder. An act in furtherance of the conspiracy is an act that is a substantial step towards completing the targeted crime. Note: The crime of conspiracy is not complete if no party to the conspiracy has completed at least some act in furtherance of the conspiracy. The act itself does not have to be the crime, but rather, some act in furtherance of committing the crime. One of the defendants committed at least one act towards the completion of the crime. To prove that the defendant is guilty of conspiracy, the prosecutor must prove that the defendant:Īgreed with at least one person to commit a crime, andĪt the time of the agreement, the defendant intended to agree to commit a crime, andĪt the time of the agreement, the defendant and the other person, or persons, that agreed with the defendant, intended that one or more of them would commit the target crime, and Essentially, a conspiracy is an agreement, between two or more persons, to commit a crime. Information on the crime of conspiracy is found at California penal code section 182.
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