Conspiracy: Agreeing To Commit A Crime Is A Crime

Orange County Criminal Defense Lawyer

California Penal Code Section 182 makes it a crime to enter into an agreement to commit a crime or any other act enumerated in that section. Such an agreement is called a “conspiracy” and is punishable as either a felony or a misdemeanor. Criminal defense attorneys in Orange County know that conspiracy is defined as an agreement between two or more persons with the specific intent to commit any crime. Typically, if the conspiracy is to commit a misdemeanor, such as assault & battery, theft, or domestic violence, then the conspiracy is usually charged as a misdemeanor.

Orange County criminal defense attorneys also know that a conspiracy requires more than just an agreement entered into between two or more persons with the specific intent to agree to commit the public offense and with the further specific intent to commit the offense. It MUST also be followed by an overt act. For example, if Dan and Bob agree to rob a gas station, they have not yet committed a conspiracy because they have not taken any action toward accomplishing their goal. But if Dan goes out the next day and buys ski masks for them both, the buying of these masks is an overt act toward completing the robbery and the conspiracy is complete. At this point, Dan and Bob could both be charged with conspiracy even though all they have done is agree to do it and buy some masks. Your Criminal defense lawyer will tell you that an “overt act” means any action or affirmative step taken by one or more of the co-conspirators that goes beyond mere planning or thee agreement to commit the crime, and which is done in furtherance of the object of the agreement. An overt act need not constitute a crime or even an attempt to commit the crime that is the goal of the agreement.

Penal Code Section 182 also punishes people who conspire to commit the following acts: 1) Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime; 2) Falsely to move or maintain any suit, action or proceeding; 3) To cheat and defraud any person of any property . . . by false pretense or by false promises with fraudulent intent not to perform the promises; 4) To commit any act injurious to the public health, to public morals, or to pervert or obstruct justice, or the due administration of the laws; and 5) To commit any crime against the person of the President or Vice President of the United States, the governor of any state, any United States justice or judge, or the secretary of any of the executive departments of the United States.

If you are facing criminal charges for conspiracy, DUI, domestic violence, drugs,theft, or anything else and would like to consult with an experienced criminal defense lawyer in Orange County, call the Law Offices of EJ Stopyro today at (949) 559-5500. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

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