Irvine Conspiracy Defense Lawyers
WHITE COLLAR CRIME CHARGES
Conspiracy
Criminal conspiracy involves an agreement between two or more people to commit a crime. Conspiracy charges may be attached to a variety of crimes, including burglary and murder; however, conspiracy occurs most often in white collar crimes, such as bankruptcy fraud, internet fraud, and extortion. Conspiracy is a separate crime, however, and depending on the crime, additional penalties may or may not apply. Depending on the circumstances of the conspiracy, conspiring offenders would be subject to state and/or federal law.
Conspiracy Laws in California
Section 182 of the California Penal Code defines conspiracy as two or more people conspiring to:
- commit any crime, to maliciously or falsely indict another person for any crime,
- get another person to be arrested or charged for any crime, to falsely maintain or move and suit, proceeding or action,
- defraud and cheat any person of property by criminal means,
- use false promises and/or pretenses to obtain property or money,
- commit any act injurious to public morals or public health,
- obstruct or pervert justice or the appropriate administration of laws, or
- commit any crime against the Vice President or President of the United States, any state Governor, any U.S. judge or justice, or any Secretary of the executive departments of the U.S.
For many conspiracy cases, an overt act is necessary to constitute the offense, and so the defendant may not be convicted unless at least one overt act is alleged in the indictment and/or presented in evidence.
Penalties
If convicted of conspiring to commit a crime against any U.S. or state government official, as enumerated above, a conspirator would be guilty of a felony and subject to imprisonment in county jail for five, seven, or nine years. Conspiracy to commit any other felony would carry the penalties of that crime. Any other conspiratorial acts, as described above, would carry a punishment of up to one year imprisonment in county jail and/or a maximum fine of $10,000 upon conviction.
Federal Conspiracy Laws
According to § 371 of Chapter 19 in the U.S. Crimes and Criminal Procedure code, if two or more people are convicted of conspiring to defraud or commit any offense against the U.S. or any of its agencies, they will be subject to a fine and/or a maximum federal imprisonment of five years. If the offense committed is a misdemeanor, however, the maximum punishment will be determined by the crime.
Furthermore, federal law protects individual's rights from conspiratorial offenses. According to § 241, if two or more people conspire to oppress, injury, intimidate, or threaten the constitutional rights of any person in any commonwealth, territory, possession, state, or district, they will be subject to a fine and a maximum prison sentence of 10 years upon conviction. Certain crimes, such as kidnapping, attempted murder, or aggravated sexual abuse, may carry life imprisonment or even the death sentence.
How an Experienced Criminal Defense Attorney Can Help
The laws surrounding conspiracy can be very complicated, especially because both California and federal U.S. laws are involved. In some cases, the conspiracy itself may carry penalties; in others, the penalties are determined by the actual crime. In either case, a person or persons charged with conspiracy may face heavy fines and excessive imprisonment. If you are being charged with conspiracy in California, the aggressive Orange County conspiracy defense attorney Jeremy N. Goldman can build a strong defense on your behalf. To discuss your case, call (800) 349-1619 for a consultation.
