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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





Alameda Conspiracy Lawyer

Conspiracy is an agreement between two or more persons to commit a crime in conjunction with overt action to commit that crime. However, they do not have to commit the crime to be convicted of conspiracy. Since conspiracy typically is a felony charge, consulting an Alameda conspiracy lawyer about your case may be a necessity.

Due to the nature of conspiracy offenses, individuals could be criminally responsible for crimes that co-conspirator commits. This holds even if he or she was not present when the crime was committed or had no knowledge of the crime. A skilled criminal defense attorney could build a defense on your behalf to fight back against highly damaging criminal conspiracy charges.

Definitions of Conspiracy Under State Law

Under California Penal Code § 182, a criminal conspiracy occurs when two or more people conspire to commit a crime. Conspiracy also occurs when individuals conspire to:

  • Falsely accuse or cause another to be arrested or charged with a crime
  • Falsely move or maintain any legal proceeding
  • Cheat and defraud others of any property by criminal means, obtain money or property by false pretenses, or make fraudulent promises with the intent not to perform them
  • Commit any act that is harmful to public health, morals, justice, or the enforcement of law

Likewise, an individual may require the help of an Alameda attorney if he or she conspired to obstruct justice. Conspiracy also occurs when persons conspire to commit any crime against the U.S. President, Vice President, any state governor, and various other government officials.

After the individuals decide to commit the crime, at least one of the individuals must commit some overt act to further the conspiracy. Overt action is any action that a co-conspirator takes to carry out the agreement of the parties to commit the crime.

Felony Penalties for Alameda Conspiracy

Individuals will face the same penalties for conspiring to commit a felony as they would had they committed the offense. If the degree of the felony offense that the parties conspired to commit is indeterminate, they generally will face charges based on the lesser degree of the charge.

The penalties are different if the persons conspired to commit two or more felonies. In this situation, the penalty for those charges is based on the underlying crime that has the highest maximum term.

Fines and Jailtime

Conspiring to commit a crime against the president or similar officials can result in felony charges, which carry the potential for incarceration for five, seven, or nine years. If the conspiracy involves illegally defrauding others, obtaining money or property by false pretenses, or intentionally making fraudulent promises, the maximum penalties consist of one year in jail and a $10,000 fine.

The remaining acts that constitute conspiracy also are punishable by up to one year in jail and a $10,000 fine. One exception is for conspiracy to commit identity theft, which can result in a fine of up to $25,000. A conspiracy attorney in Alameda could ensure you understand the maximum and minimum potential penalties that exist for each type of criminal conspiracy.

Work with an Alameda Conspiracy Attorney

Conspiracy charges could be complicated, as you could face penalties even if you did not physically commit a crime. An Alameda conspiracy lawyer could represent your interests when facing these charges.

Legal counsel could present your options and help you determine an ideal route for you to pursue. Schedule a consultation today to begin building your case.

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THE NIEVES LAW FIRM
Oakland Criminal Lawyer