California Conspiracy Law & Defense
Penal Code 182
Information on the crime of conspiracy is found at California penal code section 182.
To prove that the defendant is guilty of conspiracy, the prosecutor must prove that the defendant:
- Agreed with at least one person to commit a crime, and
- At the time of the agreement, the defendant intended to agree to commit a crime, and
- At 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
- One of the defendants committed at least one act towards the completion of the crime. The act itself does not have to be the crime, but rather, some act in furtherance of committing the crime.
The crime of conspiracy is not complete if no party to the conspiracy has completed at least some act in furtherance of the conspiracy.
An act in furtherance of the conspiracy is an act that is a substantial step towards completing the targeted crime.
For 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. 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.
Sentence & Punishment for PC 182
Conspiracy to commit a felony, or Penal Code 182(a)(1), is a felony itself. If the defendant is found guilty of conspiracy to commit a felony he or she could face up to the same number of years as prescribed by the underlying felony.
For example, if the defendant conspired to commit arson to property, he could face up to the same number of years that he would face as if he had actually committed arson to property, which is up to three years in prison.
Some conspiracy charges are classified as misdemeanors and some conspiracy charges carry a different jail or prison sentence than the most common conspiracy charge filed under PC 182. See bottom on this page for different conspiracy charges other than PC 182.
In some cases of conspiracy to commit a felony it might be possible to dismiss or reduce the criminal charge, or at least reduce the sentence associated with that charge. This largely depends on the facts of the case and the defendant's criminal history.
In addition to any jail sentence, criminal convictions for PC 182 can lead to other severe consequences such as: Immigration consequences, probation or parole sentence, fines, lawsuits, employment loss, insurance rate increase (vehicle, professional, life), state registration (sex, arson & drug offenses), CPS consequences, mandatory meetings (NA, Domestic Violence, DUI, & Aids awareness), firearm prohibition, and more. The type of penalty and sentence largely depends on the crime alleged to be the target of the conspiracy.
Defense to PC 182: Conspiracy
The crime of conspiracy is limited to any particular defense options; there are many defenses that might apply to conspiracy charge. However, many PC 182 charges tend to rely on the following defenses: insufficient evidence to prove that the defendant conspired with another person to commit a crime, lack of an overt act that was in furtherance of the conspiracy, mistake of fact, insanity, intoxication, duress, statute of limitations, coerced confessions, and more
If you have been charged with conspiracy to commit a felony, or Penal Code 182, contact the criminal defense lawyers at Doradol & Dorado, APLC. We will patiently explain your rights and options without delay. Call today!
Related Conspiracy Crimes, include:
- Penal code 182(a)(2) Conspiracy to indict falsely
- Penal Code 182(a)(3) Conspiracy to maintain false court action
- Penal Code 182(a)(4) Conspiracy to cheat or defraud
- Penal Code 182(a)(5) Conspire to commit an act injurious to the public
- Penal Code 182(a)(1) Conspire to commit a felony
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