Are You Facing A Criminal Conspiracy Charge in California?
An Experienced Certified Criminal Lawyer can Deliver Your Best Conspiracy Defense
Conspiracy is a powerful tool for prosecutors who want to hold someone responsible for another person’s actions or want to prosecute for a crime that never happened and you will need a very experienced criminal lawyer to help.
Charging conspiracy as a crime helps the prosecution collect information and evidence that would be inadmissible (they can’t use it as evidence) without the conspiracy charge. Unfortunately, the penalties for conspiracy often equal the penalties for the crime itself and the consequences of a conviction are more severe than anyone would expect.
What is Criminal Conspiracy in California Penal Code 182?
California Penal Code 182 PC explains that criminal conspiracy occurs when a person agrees to commit a crime with other person(s), and one person performs an overt act to further the agreement. The agreement doesn’t have to be written or otherwise “formal,” the overt act doesn’t have to be a crime, and a crime doesn’t have to be committed to be convicted of conspiracy. If three people agree to rob a bank, no conspiracy has been committed. But when one of the three goes shopping and purchases several face masks to be worn during the crime, all three individuals are suddenly guilty of conspiracy – and may even face penalties for robbery if convicted.
The conspiracy defense attorneys with Tully & Weiss Law Firm are fully aware of the intrinsic unfairness a charge of conspiracy brings – placing innocent or marginally involved individuals in danger of being convicted for serious crimes.
Our investigators dissect wiretap evidence as well as evidence from searches and seizures, to identify illegally obtained evidence to have it excluded from consideration. An experienced lawyer can get confessions and interrogations involving duress or lacking proper notification of rights suppressed (thrown out). Criminal histories of confidential informants are unmasked and we vigorously contest prejudicial government evidence. It is crucial to your freedom and future that you begin working your defense early in the process.
We urge you to speak with a Tully & Weiss conspiracy defense attorney at 925.229.9700 and start building your defense as soon as possible.
What Penalties Do You Face If Convicted Of Conspiracy in California?
The penalties a person convicted of conspiracy charges faces often match the crime itself – even if the crime was never committed. California Penal Code 182 governs the penalties associated with the various types of conspiracies, several of which are listed below:
- Conspiracy to Commit Identity Theft: Depending on the facts of the case and any prior criminal history, this charge may be a misdemeanor or felony. A misdemeanor conviction is punishable by up to 1 year in county jail and a fine of up to $10,000. A felony conviction is punishable by up to 3 years in county jail and a fine of up to $25,000.
- Conspiracy to Commit a Felony: This charge is a felony punishable by the same penalties imposed for the felony crime. If one conspiracy involves two or more felony crimes, a conspiracy conviction is punishable by the penalties imposed for the most severe felony.
- Conspiracy against a Government Official: This charge is a felony punishable by up to 9 years in county jail and the term “government official” is interpreted quite broadly.
- Conspiracy to Commit Murder: This charge is a felony punishable by the same penalties imposed for first-degree murder (since deliberation and premeditation are inherently present).
- Conspiracy to Commit A Violent Crime That Results in Death: Conspiring to commit a violent crime (rape, kidnapping, arson, carjacking, robbery) that results in the death of someone as a foreseeable consequence of the offense is a first-degree murder felony punishable by the same penalties imposed for first-degree murder (whether the killing was intentional or not).
- All Other Conspiracy Charges: Depending on the facts of the case and any prior criminal history, all other acts of conspiracy may be charged as a misdemeanor or felony – even when the underlying crime is a misdemeanor. Misdemeanor convictions are punishable by up to 1 year in county jail and a fine of up to $10,000. Felony convictions are punishable by up to 3 years in county jail and a fine of up to $10,000.
California conspiracy defense attorney Joseph Tully, author of California: State of Collusion is recognized throughout the legal community for uncovering police misconduct, exposing dishonest testimony, excluding illegal evidence and reminding the jury his clients are innocent until proven guilty.
Prosecutors’ false or weak cases unravel as they aren’t prepared for this level of defense and charges are often dismissed. Tully & Weiss conspiracy defense attorneys have been aggressively defending clients charged with felonies and misdemeanors for over 4 decades and they hold the government responsible for proving a legitimate and complete case beyond a reasonable doubt.
If you are seeking aggressive defense against charges of conspiracy, contact a criminal conspiracy defense lawyer at the Tully & Weiss Law Firm:
Contra Costa 925.229.9700 | Alameda 510.269.9227 | North Cal 530.776.0840
What Legal Defenses are Possible to Fight a California Conspiracy Charge?
Whether law enforcement has issued a search warrant, questioned you or arrested you, it is vital that you hire an expert California criminal conspiracy lawyer immediately to begin defending your rights and protecting your future. There are a number of legal defenses that an experienced California conspiracy defense attorney can argue on your behalf, including:
- False Accusation: When a number of individuals are involved in the planning and/or committing of a crime – as with crimes involving conspiracy – false accusation is common. Co-conspirators may point the finger at you in an attempt to escape conviction or out of fear, anger or revenge. Our investigators and lawyers uncover false accusations.
- Lack of Overt Act: If the defense can show that no member of the conspiracy performed an overt act to further the offense, there can be no conviction of conspiracy. Planning a crime is not a crime until steps are taken to carry it out. We are proactive in attacking any incomplete or false evidence of an overt act in furtherance of the conspiracy.
- Withdrawal: If the defense can show that you truly and affirmatively rejected the conspiracy and communicated that rejection to the other conspirators BEFORE an overt act furthering the offense occurs, you cannot be guilty of conspiracy. This is often the case with our clients and we include it among our multiple defenses.
- Lack of Agreement: If the defense can show there was no prior agreement to commit a crime, there can be no conspiracy conviction. Similarly if the prosecution fails to prove beyond a reasonable doubt a prior agreement, you’re not guilty of conspiracy. A false charge typically fails in the face of this defense.
- Mistake of Law: If the defense can show that you did not intend to commit a crime and you reasonably believed you were within your legal rights, you cannot be convicted of conspiracy.
The criminal conspiracy defense lawyers with Tully & Weiss Law Firm are well known and respected in both State and Federal courts for their aggressive and thorough client advocacy and positive results. With conspiracy cases, additional criminal charges are often attached, making it all the more important to fight with an experienced Tully & Weiss conspiracy defense lawyer in your corner.
The Tully Weiss team have an outstanding track record with felony and misdemeanor charges throughout Contra Costa and Alameda Counties and across the state of California. To learn more on how the Tully & Weiss Law Firm can help you defend your case, call 925.229.9700 for a free consultation.