What Constitutes a Conspiracy?
A conspiracy charge does not require that the planned crime be completed. For a prosecutor to prove a conspiracy in New York, they must show two main elements:
Agreement: There must be an agreement between two or more parties to commit a criminal act;
Overt Act: At least one member of the conspiracy must take some action to advance the plan, even if it’s something minor, like purchasing supplies or conducting a meeting.
Different Degrees of Conspiracy
In New York, conspiracy charges range from the 6th degree (a Class B misdemeanor) to the 1st degree (a Class A felony). The severity of the charge depends on the seriousness of the intended crime and the roles of those involved.
- Conspiracy in the Sixth Degree (NYPL 105.00): The most basic form applied when the intended crime is a misdemeanor.
- Conspiracy in the First Degree (NYPL 105.17): Reserved for cases where the intended crime is a Class A felony, and one or more conspirators are over 18 years old, while at least one is under 16.
Potential Defenses to Conspiracy Charges
Being accused of conspiracy can be daunting, but there are defenses available. These include:
- Lack of Agreement: Proving that no real agreement existed between the parties.
- Withdrawal: Showing that the accused withdrew from the conspiracy before any overt act was committed.
- No Overt Act: If there was no overt act to advance the alleged conspiracy, the charges may not stand.
Why You Need a Skilled Attorney
Because conspiracy charges can be based on circumstantial evidence, fighting these accusations requires a deep understanding of New York criminal law and a strategic defense approach. Contact our office for a consultation if you or a loved one are facing conspiracy charges. We will assess the details of your case, challenge the prosecution’s narrative, and work tirelessly to protect your rights.
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