California Conspiracy Laws PENAL CODE 182 PC Criminal Defense Attorney San Bernardino County

What is "Conspiracy" in California (Penal Code Section 182 PC)?

Information on California Conspiracy Law can be found at Penal Code Section 182 PC. In short, "Conspiracy" is an agreement between two or more person to commit a crime.

In order for the prosecution to prove the defendant has committed a violation of penal code 182 pc, he must prove that:

1) There was an agreement between two or more person and that the agreement was to commit a crime
2) The conspirators intended to agree AND the conspirators intended to commit the crime
3) At least one of the conspirators made an "overt act" towards completion of the crime
4) The "overt act" was a substantial step towards completing the target crime (The "target crime" is the crime that the conspirators agreed to commit).

Examples of what constitutes an "overt act" is limited only by one's imagination. For example, an overt act to the crime of conspiracy to commit murder might be the purchase of a weapon that matched the type of weapon described in the conspiracy.

Note: The crime of conspiracy (Penal Code 182) is complete if all of the elements listed above are proved by the prosecutor. It does not matter if the target offense was actually committed.

How much jail time will I get if I am charged with Conspiracy (Penal Code 182)?

In California, Conspiracy can be charged as a misdemeanor or a felony. Basically, if the target crime of the conspiracy is a misdemeanor then the charge will be for misdemeanor conspiracy. If the target crime of the conspiracy is a felony then the conspiracy charge will be for a felony.

For example, conspiracy to commit the crime of petty theft (petty theft in California is usually charged as a misdemeanor) will be charged as a misdemeanor conspiracy to commit petty theft. On the other hand, conspiracy to commit murder (murder is charged as a felony in California) will be charged as a felony conspiracy to commit murder.

If the conspiracy charge is filed as a misdemeanor then the defendant can face up to a year in county jail. If the conspiracy charge is filed as a felony then the defendant will face the same amount of time as listed for the target offense (the target offense is the crime that the conspirators were agreeing to commit).

For example, conspiracy to commit felony receipt of stolen property will subject the defendant to four years of possible jail time because the crime of receipt of stolen property carries that same punishment maximum (Remember: this applies even  if the target offense is never committed).

There are several unique conspiracy charges in California law. These unique charges carry slightly different sentencing maximums than the sentencing structure already discussed for a simple penal code 182 charge. These include: Conspiracy to falsely indict another (Penal Code 182(a)(2), which carries a maximum sentence of three years; Conspiracy to move any suit or proceeding (Penal Code 182(a)(3), which carries a maximum sentence of three years; Conspiracy to cheat or defraud property (Penal Code 182(a)(4), which carries a maximum sentence of three years; Conspiracy to commit an act injurious to the public (Penal Code 182(a)(5), which carries a maximum sentence of three years; and, Conspiracy to commit a crime against a public official (Penal Code 182(a)(6), which carries a maximum sentence of nine years.

In addition to the maximum jail terms listed above, criminal convictions in general can have other severe consequences. Not all convictions carry the same consequences, but the list of possible consequence for criminal convictions include: Felony or misdemeanor probation sentence, fines, immigration consequences, employment loss, professional license revocation or denial, administrative hearings initiated (DMV and/or professional licensing hearings), increased insurance rates, civil lawsuits, mandatory registration requirement (for some sex crimes, drug crimes, arson crimes, and gang crimes), mandatory rehabilitation classes (for some domestic violence and child abuse type cases), restraining orders, loss of rights to own firearms (certain offenses), emotional stress on you and your family, and more.

What are my defenses to a charge of conspiracy in California (Penal Code 182)?

There are too many defenses to the crime of conspiracy to effectively list all of them in this blog. In general, it might be possible to reduce the conspiracy charge or the amount of jail time (if the charge can not be reduced). The most desired goal is for a complete dismissal of the criminal charges.

For more information on defense to criminal charges in general, including defense to a charge of conspiracy (Penal Code 182 PC), see Defenses to Crimes.

Without a doubt, the most important thing the defendant must do first is to speak to an experienced criminal defense attorney without delay. CALL 909.913.3138 to speak to a criminal defense attorney today!

To learn more about the crime of conspiracy and possible defenses to the crime of conspiracy (California Penal Code Section 182 PC) visit CriminalDefense909.com today, or call 909.913.3138 to speak directly to an experience California Criminal Defense Attorney. Initial consultations are free and we offer consultations 24 hours a day 7 days a week.

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