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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





San Leandro Conspiracy Lawyer

Facing conspiracy charges could be vastly different than what you may expect, and the consequences of a conviction on such charges may be severe. While such criminal allegations can be intimidating, you do not have to fight them alone.

A San Leandro conspiracy lawyer could face these charges with you and help you navigate the legal process that may be involved. Given the misconceptions that often surround conspiracy charges, speaking with a knowledgeable defense attorney about the basics of these charges could be the first step to devising an effective legal strategy to contest them.

What Is a Criminal Conspiracy?

As defined by California Penal Code §182, a conspiracy is an agreement between two or more people to commit some type of crime. The type of crime involved may range from the distribution of controlled substances to murder and can include many things in between.

To prove conspiracy, the prosecution must demonstrate more than just an agreement between two or more people. A minimum of one of the individuals involved in the alleged conspiracy must have taken an overt action towards actually committing the crime in question to be guilty of conspiracy as a criminal offense.

As a San Leandro conspiracy attorney could clarify, this overt action must take place after the individuals agree to commit a crime and must be related to the commission of that crime. It is important to note that the overt act undertaken does not have to be criminal in and of itself, so many different types of actions may qualify.

Potential Defenses to a Conspiracy Allegation

While it is impossible to determine what defense strategies to employ without knowing the details of a given case, there are some common defenses when it comes to conspiracy charges. These often include arguing that no agreement to commit a crime was made or that there was no overt act taken in furtherance of that agreement

It may also be possible for a person to have withdrawn from a conspiracy. It must be noted, however, that it is usually not enough for you to simply decide that you no longer wish to be a part of the conspiracy. You are expected to communicate your withdrawal before anyone takes an overt act in committing the intended crime.

Simply not showing up to perform your role in committing a crime would likely not be enough to prove withdrawal. Even after an overt act has been taken, it is essential to clearly communicate your desire to withdraw, or you risk being held liable for any and all acts committed in furtherance of the conspiracy even if you were not directly involved in them.

Penalties for Conspiracy Convictions

As with many other criminal offenses, the penalties you might face for a conspiracy conviction are heavily dependent on the circumstances of your case. For example, conspiracy to commit a serious felony would be punished more severely than the conspiracy to commit a misdemeanor.

There are many factors that play into potential consequences for a conspiracy conviction under CPC §182. An experienced conspiracy lawyer in San Leandro could review the facts of your case and help you understand the potential legal consequences, as well as the various approaches to your defense that might mitigate those consequences.

Contact a San Leandro Conspiracy Attorney

When it comes to serious criminal charges, it may be difficult to know what to do next. Much could be at stake when facing the consequences of a conviction on conspiracy charges, so it is crucial to explore the options that might be available to you thoroughly.

An experienced San Leandro conspiracy lawyer could help you understand essential nuances in the law and how they might apply to the circumstances of your case. This could enable you and your attorney to take a dynamic and proactive approach to prepare your defense.

If you are facing conspiracy charges, you still have important rights throughout the criminal justice process that must be protected. Call today to learn more about what may be possible in your case.

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THE NIEVES LAW FIRM
Oakland Criminal Lawyer