Bronx Conspiracy Lawyer
Criminal conspiracy can be one of the most difficult criminal charges under New York Penal Law to understand. It is one of the few criminal charges where a court can accuse someone, try them, and convict them, without the person actually committing a criminal act. This is because the mere intention of committing a crime with another person is illegal.
Because of this complex legal theory, many individuals who are facing charges of conspiracy in the Bronx are scared and confused. Further complicating matters, New York law has six levels of conspiracy charges, each with their own elements and potential penalties.
No matter the level of conspiracy you may be facing, a Bronx conspiracy lawyer can help. A skilled attorney can help you better understand the law and develop a defense strategy designed to protect your rights and freedoms in court.
Conspiracy in New York’s Penal Law
The core concept behind criminal conspiracy charges can be somewhat difficult to understand. New York Penal Law §105.00 states that a conspiracy is anytime two or more people agree to perform a criminal act. Further, New York Penal Law §105.20 states that no person can be convicted of a conspiracy charge unless they make an overt act towards the committing of that crime.
These statutes combine to allow prosecutors to charge people with conspiracy whenever they can allege that another person has taken a concrete step to commit a crime in concert with at least one other person. This can include making a plan, gathering weapons, or scoping out a target. Conspiracy is a criminal charge unto itself, but it often used in conjunction with other charges that allege the actual carrying out of the crime. For more information, get in touch with a Bronx conspiracy lawyer today.
The Classes of Conspiracy Charges
New York Penal Law names six classes of conspiracy that carry varying potential penalties for conviction. The core version of the statute is a catch-all for any instance of conspiracy. It can apply to any allegation of conspiracy and is known as conspiracy in the sixth degree, a class B misdemeanor.
However, the higher levels of conspiracy apply when a defendant allegedly conspired to commit a felony or conspired with a person under the age of 16 while being over the age of 18. The statutes can be complicated but, in short, the more serious the crime that someone agrees to commit, the more serious the conspiracy charge. More severe charges also apply if a person conspires with a minor child.
The penalties for a conspiracy conviction vary. The most minor versions are class B misdemeanors where a maximum jail term of three months may apply. The most serious version, conspiracy in the first degree under New York Penal Law §105.17, is a class A-1 felony, the most serious in New York. This applies when someone conspires to commit a class A felony, such as murder or drug trafficking.
A Bronx Conspiracy Attorney is Ready to Help
Allegations of conspiracy in the Bronx or anywhere in New York are complicated cases. They are the rare instances where the police can arrest you despite you not actually committing a criminal act. The mere collaboration between two people can be illegal if they take concrete steps towards committing a crime.
Defending against these charges can be difficult, but a Bronx conspiracy lawyer is ready to fight for you. They can work to examine the alleged conduct that the State claims constitutes a conspiracy. They then can utilize their knowledge of New York Penal Law to formulate a defense against the allegation that you were part of a conspiracy to commit a crime. Contact an attorney today to schedule a consultation.