Conspiracy California Penal Code 182
In California a conspiracy is an agreement between two or more people to commit a crime. The person need not know other members in the conspiracy. There are four elements to satisfy California Penal Code 182. The elements are 1) An overt act 2) Committed in California 3) At least one of the members to the agreement 4) In furtherance of the agreement. There are five defenses to California Penal Code 182.
An overt act
An overt act is an act that is completed in order to further the crime. The act must be performed 1) After the agreement between the members to commit a crime but before its finished and 2) Additionally to the plan to commit the crime.
There are five common defenses used for California Penal Code 182. They are
- 1) There was no agreement to commit a crime or no conspiracy in general
- 2) The overt act was not satisfied
- 3) The person dropped out as a member of the conspiracy
- 4) The person had no intent to violate the Penal Code.
- 5) The person was falsely accused.
A member of the conspiracy is responsible for any crime done by their fellow conspirators. California Penal Code 182 has different penalties for different types of cases. They are
- 1) Conspiracy against a government official
- 2) Conspiracy commit one or more felonies
- 3) An agreement to commit fraud
- 4) Other Acts of conspiracy
- 5) Conspiracy to commit murder
Conspiracy against the government official
This type of crime is considered to be a felony. The person faces between five to nine years in California state prison.
Conspiracy to commit one or more felonies
The person who has been convicted of committing a felony faces the punishment for that specific type of felony. Felony penalties have the harshest sentences.
Agreement to commit fraud
An agreement to commit fraud is a wobbler, which means it could be punished as a misdemeanor or a felony depending on the circumstances of the case. If it’s considered to be a misdemeanor the person faces a maximum jail sentence of one year in county jail and a fine up to $10,000. If the person is convicted as a felony, then the person faces 16 months to three years in prison.
All other acts of conspiracy
This penalty is also a wobbler (See above). Whether the act is a misdemeanor or a felony depends on the offense. (See above)
Conspiracy to commit murder
If a person has conspired to commit murder (1st Degree) then the punishment is the same as first-degree murder. The reason is because conspiring to commit murder requires a state of mind, which is to have a specific intent to kill, and was premeditated.