Conspiracy is referred to as the planned commission of a criminal act that involves more than a single individual. According to California laws, a conviction for conspiracy to commit murder bears the same penalties as the basic murder charges. So, you should seek legal help as soon as possible if you are under investigation or facing charges of conspiracy to commit murder. This blog will help you understand conspiracy to commit murder and how to get legal help.
What is Conspiracy Under California PEN 182
A conspiracy is a criminal act committed by two or more individuals who consent to execute a crime and then start taking action to finalize the crime. Conspiracy statutes, which were initially enacted by the govertnment, are now utilized by the prosecution in the conviction of gang members and people implicated in drug crimes, and theft, among other crimes.
You may be prosecuted for a felony or misdemeanor criminal conspiracy following California PEN 182 if:
- You consent to execute a criminal act with one or maybe more people
- You intend for the crime to be carried out
- At least a single participant from the group engages in an overt act that furthers the crime
- The overt action occurs after you've consented to carry out the crime
For an act of conspiracy to take place, one participant has to take certain steps to advance the crime you agreed upon. That's what enhances an otherwise lawful act to a criminal conspiracy charge, irrespective of whether the overt act is a criminal offense in itself. An "overt act" is defined by PEN182 as an action taken in support of a group's plan to commit a crime.
It must involve more than just consenting to or making preparations to commit the crime. It's interesting to note that the overt act need not be unlawful. Instead, if that act would aid in the commission of the criminal act, it could be as direct as making a call or purchasing a tool.
To be found guilty of conspiracy, the overt act has to occur after you've consented to execute the criminal act.
Conspiracy cases are typically prosecuted federally, but prosecution in California is increasingly using PEN 182 conspiracy laws to find multiple defendants guilty of participating in an offense even when the act was never committed.
Conspiracy is a wide criminal act that can encompass a range of events involving the commission of criminal conduct or an agreement to do so. Simply choosing to commit a criminal act with someone else can subject you to charges of conspiracy among other charges when that individual commits an offense or takes certain measures to commit the criminal act.
A conspiracy conviction could hold harsh penalties that can affect your life in the future based on the criminal act you are suspected of plotting to perpetrate.
What Does "Conspiracy to Commit Murder" Mean?
To be found guilty of conspiracy to murder California PEN 189, the prosecution must show the following:
- Deliberately agreed to purposefully and illegally kill another person
- Perpetrated an overt act in support of that agreement
- Committed the overt act within California
Just like attempted murder, the defendant could be held accountable for conspiracy to murder even though the act of murder has not yet been committed.
To find a defendant guilty of conspiracy to commit murder charges, there has to be proof of intent to agree to commit murder.
If the accused are demonstrated to possess a common motivation for committing the murder, then it may be possible to deduce their agreement from their conduct. The intent has been to kill unlawfully. If an accused thinks the arrangement is just a joke and also that they won't hurt the victim, the defendant will not be found to have murderous intent.
Overt Act
A conspiracy has to involve an overt act that takes place after the consensus to perpetrate the offense has already been initiated but before the act is committed. Additionally, it has to be completed in fulfillment of the crime they agreed upon, which means it has to be performed to help carry out that act.
Most states stipulate that the act has to be specific to assist the group further the murder act when referring to an action that advances an agreement. That overt act does not have to be a crime in itself. The act may also only serve as a preparatory act. Examples include the following:
- Purchasing a weapon to be used in the murder
- Making arrangements for the purported "victim" to be at a specific place at a specific time
- Acquiring a "get-away" vehicle
The Agreement
There must be an agreement to perpetrate a crime. Nevertheless, if the perpetrators act in concert to further a criminal goal, their agreement could be deduced from their joint activity without being expressly stated or detailed.
The key element of a murder conspiracy is your knowledge of the agreement's intent—that is, the knowledge that you are agreeing to commit the crime—and your willingness to participate.
Requirement for Two or More Participants
Conspiracy requires an accord between two or even more independent individuals. The defendant need not be aware of every member of the conspiracy to commit the crime or their specific roles.
Relationship between the Underpinning Crime and the Conspiracy
Both the underpinning crime and conspiracy are distinct crimes that are prosecuted independently. One does not have to commit the crime to be found guilty of conspiracy. Simply agreeing to do something illegal and an overt act done to further the crime is sufficient.
Additionally, it is not necessary for the conviction for conspiracy and the primary offense to be the same. An offender who is accused of both perpetrating the criminal act and of conspiring to do so may only be found guilty of one or maybe both counts.
Co-conspirators' Acts
If a co-conspirator commits a crime in support of the crime, the conspirator will also be held accountable for that crime. This is the case even though the conspirator is unaware of the offenses committed.
Convictions for Conspiracy Under California PEN 182
Criminal conspiracy is a distinct offense under California PEN 182 from the actual crime that was committed, and a person under investigation for conspiracy may be charged with either one or both of these offenses.
It is crucial to remember that when you or a member of the group perpetrated an overt act to advance the criminal act, you could still be accused of and found guilty of conspiracy even though the crime was never actually perpetrated.
It isn't even necessary for you to have participated actively in every stage of the illegal act or even to have been aware of all the specifics of the violent act. You may be accused of criminal conspiracy when you agreed to take part in the planning or advance it in some way.
Nevertheless, the burden of proof for a conviction rests with the prosecutor, who must prove beyond a shadow of a doubt that you committed each of the aforementioned elements of the crime. You can't be found guilty of criminal conspiracy if the prosecution is unable to do this.
Penalties For Conspiracy to Commit Murder
Conspiracy is classified as a "wobbler" crime under California PC 182. This implies that it can be tried as either a felony or a misdemeanor, depending on the prosecutor's discretion.
In most cases, the punishment for a California conspiracy conviction is similar to the penalty for the offense you allegedly conspired to perpetrate. This means that the more severe the underlying crime is, the harsher the consequences for a conspiracy conviction.
If you planned to perpetrate a misdemeanor crime, you would be charged with a misdemeanor for that crime. However, if your actions were extremely grave or harmful, you would be convicted of felony conspiracy to perpetrate a crime.
If, on the other hand, you planned to perpetrate a felony crime, you would face the consequences related to a felony crime. If you are accused of conspiring to commit multiple crimes, the punishment you will receive will depend on the most severe crime you planned to commit.
Therefore, if two or more individuals conspire to perpetrate murder and subsequently murder a person, each individual involved in the conspiracy will potentially be guilty of two offenses: conspiracy to commit murder and murder. In some situations, the offender may not be guilty of the murder but guilty of the conspiracy.
A participant in a conspiracy is legally accountable for any offenses perpetrated by a co-conspirator within the purview and purpose of the conspiracy. This applies whether or not the member assisted in the execution of the offense or was aware of the crime.
Non-Murder Conspiracy Resulting in Death
According to the California felony murder rule, an individual can be charged with murder for perpetrating, attempting, or being a key participant in a felony offense and either perpetrating or conspiring to directly murder another person. The deadly act should either be perpetrated in support of the crime or be an anticipated result of the crime.
Defending Against Murder Conspiracy Charges
Representing yourself against murder conspiracy allegations can be difficult, especially when it makes little difference whether the offense you purportedly conspired to do was accomplished or not.
If you and a co-conspirator agree to perpetrate an offense and the other individual executes the alleged crime or takes some action towards the execution of the offense, you could be convicted of conspiracy.
Fortunately, there are several conceivable defense strategies for criminal conspiracy cases. With the help of an expert criminal defense lawyer, you can evaluate which defense argument will cast the least bit of suspicion on your guilt.
An experienced defense lawyer could mount a case that minimizes or dismisses criminal charges. First, if one of the elements of the conspiracy crime is not proven beyond any reasonable doubt, the prosecutors won't be able to convict the offender.
For instance, a conviction can't hold if there's no proof that an explicit act was performed to aid the crime. Furthermore, if the offender didn't have the particular intention to commit murder, such as if they were inebriated, a conviction of first-degree murder could be lowered to manslaughter.
Proof that the accused decided to withdraw from the purported conspiracy could be used to sustain the withdrawal defense in court. If the accused explicitly expressed their cessation from the conspiracy before anyone could commit an overt act that advanced the act, their withdrawal could suffice as a defense.
False accusations are yet another valid argument that could be used in cases where the accused has been unjustly accused of participating in any conspiracy.
Your attorney could also raise the following defenses:
- There was no agreement made to murder anyone
- There wasn't any genuine motive to kill another person
- Your co-defendant is your spouse
- There was no overt action committed to advance the act
- No illegal activity has occurred
- There has been a violation of your constitutional protections
What is the Distinction Between Murder Conspiracy and Attempted Murder?
A Conspiracy to commit murder necessitates an accord to commit the murder as well as an overt act by a member of the group in fulfillment of the arrangement. There is no agreement necessary for attempted murder crime.
It necessitates the particular intent to commit murder and the execution of an action directly aimed at carrying out the planned killing. As a result, there are no similar elements shared by the two crimes.
Conspiracy might not appear to be a serious charge, but when the purported crime you schemed to perpetrate had serious repercussions, you may be subject to time in jail, hefty fines, and other life-altering consequences.
Criminal defense lawyers can look into the purported crime and gather as much proof as they can to challenge your guilt. Based on the specifics of your particular case, lawyers might even be allowed to get the charges against you dropped or lowered to a minor charge.
While there are other ways you could defend yourself against this offense, it is recommended that you speak with an experienced criminal defense lawyer to determine the best course of action. Your criminal defense attorney can advise you on which defenses are most efficient in casting a shadow of doubt on the prosecution's case.
Frequently Asked Questions on Conspiracy to Commit Murder
Below are some of the most commonly asked questions on conspiracy to commit murder.
Is Conspiracy a Felony or a Misdemeanor Offense in California?
Anyone who violates Section 182 of the Penal Code will be punished according to the severity of the underpinning crime. If found guilty of conspiring to perpetrate more than a single felony, a defendant will face penalties for the crime that carries the harshest sentence.
Conspiracy to perpetrate a misdemeanor offense charge is regarded as a wobbler. As a result, it could be pursued as a felony offense or a misdemeanor.
A conviction for a misdemeanor or felony charge will lead to:
- Incarceration, and
- Hefty fines
Will You Be Found Guilty Only If You are Discoverted at the Scene of the Murder?
No, the emphasis of a conspiracy to commit the crime is about if or not you played a role in a scheme to commit a crime.
Your involvement with other individuals who would like to kill another person on purpose is what makes you guilty of a murderous conspiracy. The only thing that counts would be that you conspired with another person, and there also was:
- A plot or intention to murder someone, or
- Some requests were made to kill someone
- A murder attempt
You don't have to be there at the scene of the murder to be charged with conspiracy.
Is It Necessary That There is An Explicit Agreement For the Charges to Suffice?
No, not in California. The agreement could be stated expressly. However, in a conspiracy to commit, it could also be derived from your actions.
However, take note that this agreement has to be to purposefully kill another person, regardless of whether it is expressly stated or implied.
For instance, you could be charged with murderous conspiracy when you meet up with someone else to discuss killing another person. This remains the case even though you didn't explicitly concur on every aspect of the murder.
Also, keep in mind that the agreement need not be fulfilled all at once; it can progress overt time. In addition, you don't have to be aware of:
- Every one of the agreement's particulars, or
- All participants in the agreement
All that is required of you is for you to acknowledge that the agreement's stated purpose is to murder someone and to consent to its implementation.
Is It Necessary For Murder to Occur?
Typically, no. Generally, you can be charged with murder conspiracy without committing the crime itself. The agreement to commit the murder is what defines the crime, and not the exact crime.
What happens If You Withdraw From the Conspiracy to Commit the Murder?
"Withdrawal" is a common legal defense for conspiracy. That's because you'll be exonerated from the conspiracy charge when you:
- Abandon the conspiracy
- Inform your fellow co-conspirators that you're leaving and will not be taking part in the scheme
Find a Seasoned Los Angeles Criminal Defense Attorney Near Me
Have you been accused of conspiring to murder another person in Los Angeles? It's crucial to consult a lawyer as early as you can because getting convicted could have serious, life-altering repercussions. Our attorneys at The Los Angeles Criminal Defense Attorney know that it will be challenging for the prosecution to make a compelling argument to convict you.
Once you contact us, we will look into the details of the case and fight aggressively to have the charges dropped or reduced. Call us at 310-564-2605 to find out more about how our attorneys can help defend you.
