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An illegal act does not have to be committed to bring criminal charges. Under Oakland law, conspiracy refers to the plan of two or more parties to commit an illegal act. The conspirators may not have to carried out the action, but have agreed and taken steps to further a planned activity.

If you are accused of being involved with a conspiracy, you may wish to seek out an Oakland conspiracy lawyer and begin building a defense. A well-versed defense lawyer could advise on your legal options and provide information on how to protect yourself, your freedom, and your reputation.

Conspiracy Laws in Oakland

Conspiracy is outlawed by California Penal Code California Penal Code § 182. Anyone who plans to commit certain crimes with another person could face charges of conspiracy. These actions include planning to:

  • Have another person falsely indicted, charged, or arrested for a crime
  • Dishonestly bring a legal action
  • Defraud a person of their property
  • Injure the public health or morals
  • Obstruct an investigation
  • Commit a crime against a government office

In all conspiracy charges, the prosecutor must prove that at least one party committed some overt act to further a plan to commit an illegal act. In many cases, a dedicated Oakland conspiracy attorney may help demonstrate that there was no overt furtherance of a plan.

Gang Activity

The police may accuse alleged gang members of conspiracy, based on their perceived gang-affiliation, as stated in CA Penal Code §182.5. If the court finds person is involved with a gang, that person may be found guilty of conspiring to commit gang activities, even if they were completely unaware of any planned crimes. Those facing accusations of gang-affiliation in Oakland may wish to contact a dedicated conspiracy attorney to determine how to best proceed.

Punishment for These Allegations

The penalties associated with conspiracy often depend on the planned crime. For example, if a conspiracy involved defrauding another person, convicted individuals may face a jail sentence of no more than one year and a fine of up to $10,000. This is generally the minimum fine for all acts of conspiracy.

However, the court could punish a conspiracy to harm a governmental official by up to nine years in jail. Further, conspiring to commit a felony may result in the same penalties as if the crime were committed. When a felony has different degrees of severity, the prosecutor must prove the level of felony conspirators planned to commit. If two or more felonies were planned, but both acts only amount to one conspiracy, the court could choose to punish the act with the higher penalty.

Contact an Oakland Conspiracy Attorney Today

Misunderstandings or even a simple favor could end with the police bring charges of conspiracy against you. Regardless of how the police may determine a basis for your involvement, facing any legal action without the proper knowledge required to defend yourself could prove challenging.

If you have been accused of a crime, consider reaching out to an Oakland conspiracy lawyer. In addition to explaining the basis for charges, an attorney could advise on next steps and how best to move forward. Reach out today to discuss charges with an attorney to begin working towards a positive resolution.

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