Conspiracy is a violation of Penal Code Section 182 and it can be classified as a felony or a misdemeanor. Conspiracy is defined as two or more persons agreeing to commitment a crime, where at least one of the persons completes an overt act and furtherance of the conspiracy. Conspiracy is a specific intent crime requiring the defendant to have the intent to commitment the offence, which is the object of the conspiracy.
An over act means any act taken by any of the co-conspirators which goes beyond planning, talking or the agreement. It does not have to be an illegal act and may not even be an element of the crime, but it must be an act which is in furtherance of accomplishing the conspiracy. For example, if two men were going to agree to break into a store, buying or purchasing any tools or equipment necessary for completion of the crime would suffice to committing conspiracy.
Similarly, if several people are involved in selling drugs, a person that merely bugs baggies, packaging material or scale in order to weigh the drugs or package the drugs is as guilty as the person who is actually buying or selling the drugs.
All parties of a conspiracy are equally responsible for the actions of other parties and furtherance of the conspiracy. This includes any crimes, whether planned or not, which means if someone is killed (intentionally or not) during the course of a conspiracy, someone who had no idea nor an intention of hurting anyone could be charged with murder.
They are punishable as follows:
When they conspire to commit any crime against the person of any official they are guilty of a felony and are punishable by imprisonment in the state prison for five, seven, or nine years.
When they conspire to commit any other felony, they shall be punishable in the same manner and to the same extent as is provided for the punishment of that felony. If the felony is one for which different punishments are prescribed for different degrees, the jury or court which finds the defendant guilty thereof shall determine the degree of the felony the defendant conspired to commit. If the degree is not so determined, the punishment for conspiracy to commit the felony shall be that prescribed for the lesser degree, except in the case of conspiracy to commit murder, in which case the punishment shall be that prescribed for murder in the first degree.
If the felony is conspiracy to commit two or more felonies which have different punishments and the commission of those felonies constitute but one offense of conspiracy, the penalty shall be that prescribed for the felony which has the greater maximum term.
When they conspire to do an act described in paragraph (4), they shall be punishable by imprisonment in the state prison, or by imprisonment in the county jail for not more than one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine.
When they conspire to do any of the other acts described in this section, they shall be punishable by imprisonment in the county jail for not more than one year, or in the state prison, or by a fine not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine. When they receive a felony conviction for conspiring to commit identity theft, as defined in Section 530.5, the court may impose a fine of up to twenty-five thousand dollars ($25,000).
All cases of conspiracy may be prosecuted and tried in the superior court of any county in which any overt act tending to affect the conspiracy shall be done.
(b) Upon a trial for conspiracy, in a case where an overt act is necessary to constitute the offense, the defendant cannot be convicted unless one or more overt acts are expressly alleged in the indictment or information, nor unless one of the acts alleged is proved; but other overt acts not alleged may be given in evidence.
Conspiracy is a very serious charge. However, there are several defenses to the accusation, and there are many ways to defend such a case. The Law Offices of Stull & Stull has extensive experience in defending conspiracy a violation of Penal code section 182 cases. If you or someone you know has been charged with conspiracy, contact us immediately to discuss a plan to successfully defend your case. Remember the consultation is free.
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