Criminal Conspiracy - Penal Code 182 PC
I refer to criminal conspiracy as an allegation because it's not a charge. There's no such crime as conspiracy in general. It's usually a conspiracy to do something. So, conspiracy is more like a theory to prove a crime. It could be a conspiracy to sell drugs.
When discussing conspiracy, you're talking about two or more people getting together to commit a particular crime. The prosecutors, who represent the state, are responsible for proving the elements of the conspiracy. So often, the prosecutors don't have all the elements or information to get somebody for a specific car.
For example, if it's a drug conspiracy, maybe they want to charge a person with sales of drugs, but they need the person doing every piece of what is being done.
So, what they end up doing is they charge this conspiracy charge where they're saying that this person is moving the drugs, this person is getting the drugs, this person is collecting the money for the drugs, so we're going to charge each one of them with a conspiracy because they're all operating together.
This theory of criminal liability or criminal culpability is a way to capture multiple people and also somebody who doesn't do every part of the crime. But if we all get together and agree to do a sure thing, which is a crime, then we can be charged with conspiracy to commit that crime.
Proving an Agreement was Made
The complexity of proving an agreement in a conspiracy case is a significant challenge. How do you demonstrate that people agreed to do something if you were absent at the meeting or when the agreement was made?
This is typically done through the actions of each party, such as surveillance footage of a meeting, and with the help of cooperators who can testify to the group's discussions and agreements. This is one of the ways prosecutors can establish a conspiracy against an individual.
So, they can take several angles to prove this conspiracy theory in Los Angeles.
But typically, what I see in these conspiracy cases — whether they're at the California state or federal level — there's a more serious case because the prosecutors and police believe when a group of people gets together to commit a crime, a group is much more dangerous than somebody operating alone. In other words, they can accomplish much more.
They can take much more money if that's what they're doing. They can sell more drugs at a higher level. So, there are several different things that a conspiracy can “net,” so to speak, that someone operating alone cannot.
Conspiracy cases are not to be taken lightly. They are usually much more severe than a regular crime. The reality is that it's a conspiracy to do something — conspiracy to sell drugs, conspiracy to rob a bank — several different scenarios can play themselves out when a group of people get together to commit a particular crime.
The potential severity of these cases underscores the need for immediate legal representation. It's not just a matter of choice; it's a matter of necessity.
One thing that can happen related to a conspiracy is that somebody in the conspiracy can do something outside it, and it's not fair that other people get blamed for that. In other words, everybody has to agree to a sure thing, and then it's foreseeable that certain things can happen.
Let's say three people get together for a robbery at 7-11. One guy waits outside in the car, and then two other people go in with guns, and one of the employees pulls out a gun and ends up accidentally shooting a customer. So, somebody is killed. So, now, can the person waiting in the car be charged with that murder?
Foreseeability in Conspiracy Cases: In a conspiracy, all members are held responsible for the foreseeable consequences of their actions. This means that if a consequence is reasonably expected to occur as a result of the conspiracy, all members can be charged with that consequence.
For instance, if a group conspires to rob a store and one of them shoots someone, all members can be charged with the murder because it was a foreseeable consequence of their criminal act.
If, on the other hand, when they go in the store, one of the people with a gun sees somebody they don't like and who owes them money and ends up shooting that person, you certainly couldn't be held responsible for that because that's not foreseeable that something like that would happen.
If you or a loved one is charged with a conspiracy-related offense, don't lose hope. Call a criminal defense lawyer at our law firm. We will discuss your case, assess the evidence the government has against you, and strategize the best defense to protect your rights, reputation, and freedom.
Remember, there is always a way to fight back. Immediate legal representation is not just a recommendation, it's your right and your best chance at a fair trial.
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