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Penal Code 182 PC | Conspiracy
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Penal Code 182 PC – Conspiracy
Being charged with conspiracy under California Penal Code 182 PC can be scary. Conspiracy laws make it a crime to agree with someone else to commit a crime, even if you don’t actually go through with it. This article will explain what conspiracy is, what the penalties are, and what defenses you can use to fight the charges.
What is Conspiracy?
Under Penal Code 182 PC, a conspiracy happens when two or more people agree to commit a crime, and then one of them does something to help carry out the plan. This is called an “overt act.” For example:
- Jim and Joe agree to rob a bank. Joe buys ski masks for them to wear during the robbery. This is a conspiracy.
- Sara and Katie decide to sell drugs. Sara arranges a meeting with a dealer to buy the drugs. This is also a conspiracy.
The important parts are the agreement and the overt act. Just talking about committing a crime isn’t enough – someone has to take a step towards making it happen. And if there’s no agreement in the first place, there’s no conspiracy.
Penalties for Conspiracy
How serious the charges are depends on what crime you agreed to commit:
- If it’s a felony, conspiracy will also be a felony. You’ll face the same punishment as if you actually committed that crime.
- If it’s a misdemeanor, conspiracy can be charged as either a misdemeanor or felony. The prosecutor decides based on your criminal record.
So for example, agreeing to commit murder means you could get life in prison for conspiracy. But conspiring to commit petty theft might just be a misdemeanor.
Defenses to Conspiracy Charges
There are a few ways to fight conspiracy charges and get the case dismissed or a “not guilty” verdict:
- No agreement – If you didn’t actually agree to participate in the crime, there’s no conspiracy. Maybe you were just present when it was discussed but didn’t join in.
- No overt act – If there was no action taken to further the plan, there’s no conspiracy. Just talking about doing something illegal isn’t enough.
- You withdrew – If you were part of the agreement but backed out before anyone committed an overt act, you may not be guilty of conspiracy.
- False accusations – Co-defendants may lie and say you were part of the conspiracy to reduce their own charges.
An experienced criminal defense lawyer can evaluate the evidence against you and decide the best way to get the charges reduced or dismissed.
Prosecutors often charge conspiracy defendants with other crimes too, like:
- Aiding and abetting – Helping someone else commit a crime, even if you weren’t part of the planning.
- Accessory – Helping a criminal avoid arrest or prosecution after the crime.
- Attempt – Trying but failing to commit the planned crime.
- Gang enhancements – Committing a felony to benefit a street gang brings harsher penalties.
A skilled defense attorney can look at the evidence and determine if you may actually be guilty of (or overcharged with) one of these related offenses instead of conspiracy.
Get Help Fighting Conspiracy Charges
Being charged with conspiracy can have devastating consequences on your life, even if you never committed the planned crime. But the law provides defenses that a knowledgeable attorney can use to get your charges reduced or dismissed. For help understanding your options and fighting back against conspiracy allegations, contact a criminal defense lawyer today.