New York City Conspiracy Lawyer
A conspiracy occurs when two or more people work together to cause a crime. There are six degrees of conspiracy charges; however, which of those charges applies depends on the type of crime related to the conspiracy and whether any of the alleged conspirators are under the age of 16.
Penalties for New York City conspiracy convictions range from a 15-day prison sentence to life imprisonment without parole. If you have been charged with conspiracy, contact a New York City conspiracy lawyer to review your situation, determine your legal defenses. A knowledgeable criminal defense attorney can help you make an informed decision about what is best for your situation.
What are the Elements of a Conspiracy Charge?
Under New York Penal Law §105 et. seq, a prosecutor must demonstrate evidence of three specific circumstances to prove conspiracy charges. First, two or more people must be involved. There is no upper limit on the number of people that can be charged in a single conspiracy, but there must be at least two. Second, there must be criminal intent. The alleged conspirators must have known that what they were planning was illegal and intended to do it anyway. Finally, overt action must be taken. At least one conspirator must have taken some sort of overt action to further the plan.
The prosecution only needs testimony about the existence of a conspiracy from one person to bring charges against others, which can often result in one co-conspirator turning on the other. This is where having an experienced New York City attorney can help the most in a conspiracy case.
How Different Conspiracy Charges Does New York City Recognize?
State law recognizes six degrees of conspiracy charges; the first degree being the most severe and the sixth being the least severe. The severity of a conspiracy charge depends on who was involved as well as the type of crime an individual was planning to commit. A local attorney can assess a case involving conspiracy and identify the severity of the charge.
First-Degree Conspiracy
According to New York Penal Law §105.17, conspiracy in the first degree applies to defendants who are at least 18 and conspire with one or more minors under age 16 to commit a Class A felony. It can result in a maximum sentence of life in prison without parole.
Second-Degree Conspiracy
According to New York Penal Law §105.15, conspiracy in the second degree applies when two or more people age 18 or older conspire to commit a Class A felony. It can result in a sentence of up to 25 years in prison.
Third-Degree Conspiracy
According to New York Penal Law §105.13, conspiracy in the third degree applies to defendants who are at least 18 and conspire with one or more people under age 16 to commit a Class B or C felony. It can result in a sentence of up to seven years in prison.
Fourth-Degree Conspiracy
According to New York Penal Law §105.10, conspiracy in the fourth degree applies to money laundering cases, conspiracies to commit class B or C felonies where everyone is over age 18, or conspiracy by someone over 18 with minors under 16 to commit a felony not covered by any of the more severe charges listed above. It can result in a sentence of up to four years in prison.
Fifth-Degree Conspiracy
According to New York Penal Law §105.05, conspiracy in the fifth degree applies in a conspiracy to commit any felony not covered by the more severe charges listed above where everyone is over 18, or against someone over 18 conspiring with minors under 16 to commit a misdemeanor. It can result in a sentence of up to one year in prison.
Sixth-Degree Conspiracy
According to New York Penal Law §105.00, conspiracy in the sixth degree applies in conspiracies to commit a misdemeanor where all conspirators are over 18. It can result in a sentence of between 15 days and one year in prison.
First through fourth-degree conspiracy are considered felonies, while fifth and sixth-degree conspiracy charges are considered misdemeanors.
Possible Defenses to Allegations of Conspiracy in New York
A New York conspiracy lawyer can review a person’s case for potential defenses to allegations of conspiracy. Most of these defenses aim to counter or disprove the existence of one or more of the conspiracy elements a prosecutor must establish. For example, a lawyer can raise factual arguments that show no overt act was taken in furtherance of the crime.
A key defense in conspiracy cases is a claim that the person voluntarily abandoned the plan to commit a crime. The voluntary abandonment must generally occur before the person (or a co-conspirator) takes an overt act in furtherance of the crime. This defense also relies on a defendant demonstrating a clear revocation of their desire to participate in the criminal act. Proving voluntary abandonment in court can be difficult. However, written communications, the testimony of others, and a defendant’s actions leading up to the overt act can all be useful in establishing this defense.
Instances of fraud, coercion, and duress can also provide an opportunity to defend against an allegation of involvement in a conspiracy. These issues can prove a defendant lacked the intent to commit a crime because their involvement in the conspiracy was involuntary. Claims of fraud could show that co-conspirators deceived a person about the legality of their plans and actions. Threats of violence against oneself or others, along with other types of coercive acts, can also negate a person’s intent to participate in a conspiracy.
A lawyer can also be helpful in challenging the degree of conspiracy a prosecutor alleges. A prosecutor could seek a higher charge than what the facts of the conspiracy case demonstrate. The proper classification of the underlying crime attempted can be the difference between months or years in prison upon conviction.
Protecting Against Infringements of Constitutional Rights
Conspiracy is often a difficult crime to prosecute. It requires evidence of a person’s plans and intent to commit another criminal act, which is an abstract concept. The methods that law enforcement officers use to obtain evidence against a defendant could include wire taps and other acts that raise questions about unlawful search and seizure.
A New York conspiracy lawyer can be an important advocate in protecting a person’s constitutional rights on these issues in a conspiracy case. Unlawfully obtained evidence can be removed from use in court and limit a prosecutor’s ability to continue a case. A lawyer can review the probable cause that law enforcement cites as its basis for executing a search and challenge the use of wrongfully obtained evidence.
Speak to a New York City Conspiracy Attorney
If you have been charged with any conspiracy offense, contact a New York conspiracy lawyer for the counsel you need to fight the charges against you. Conspiracy charges are complex and sentencing for the underlying crime can often significantly increase when accompanied by conspiracy charges. An experienced conspiracy attorney can ensure that you utilize the best legal defenses at your disposal. Contact our firm today to discover your legal options.