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What is Criminal Conspiracy?

Posted By Blumenthal Law Offices || 8-Nov-2019

Whether you have been charged with a theft crime, a white-collar crime, or even a violent crime, you could also be charged with “criminal conspiracy.” In other words, you could be held criminally responsible for merely attempting to carry out a criminal offense.

In order to be convicted of criminal conspiracy in California, the prosecution must prove the following three elements:

  • The defendant agreed with another individual, or group, to commit a crime. The agreement doesn’t need to be formal or explicit between the conspirators and co-conspirators.
  • One of the individuals who is part of the agreement committed an “overt act” to advance or further the plan to commit a crime. An overt act is an action committed to advance to accomplish the agreed-upon crime. Common examples include buying a weapon or device to aid a crime, renting a car or room, locating all the exits in a building, making a phone call, or signaling a co-conspirator. Common examples include buying a weapon or device to aid a crime, renting a car or room, locating all the exits in a building, making a phone call, or signaling a co-conspirator.
  • At least one of the overt acts occurred in California. If more than one overt act happened in a case, one of them must’ve taken place within state lines.

For example, two people agree to rob a house and one of the individuals purchases two ski masks to hide their identities. Or, two people agree to shoplift merchandise while in a store and one of the individuals looks around for any security cameras and guards present.

Keep in mind, the agreed crime doesn’t need to be committed in order to be found guilty of conspiracy since this charge and the underlying crime are two separate offenses. Furthermore, each person involved in the conspiracy doesn’t need to personally know the identity and responsibilities of all individuals involved.

If you have been accused of a criminal offense in Riverside, contact Blumenthal Law Offices today and request a free consultation. Get experienced and award-winning legal representation immediately.

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