Los Angeles Conspiracy Defense Attorney

The penalties for conspiracy depend on the specific crime that was the object of the conspiracy, with potential fines and imprisonment reflective of the planned offense’s severity. Certain conspiracy offenses may also count as a “strike” under California’s Three Strikes law.

Los Angeles Criminal Attorney Arash Hashemi, with over two decades of experience in criminal defense, offers a strategy that includes clear communication and defense tailored to the specifics of your case. He ensures clients understand their legal options and the developments in their case.

For assistance with conspiracy charges, contact The Law Offices of Arash Hashemi at (310) 448-1529, or submit an inquiry through our online form for a consultation.

Key Elements of Conspiracy Under California Law

To secure a conviction for conspiracy under California Penal Code § 182 PC, the prosecution must prove certain elements:

• Agreement: This is about showing there was a clear plan between two or more people to do something illegal. It’s not just talking about it; there’s an actual decision to go through with a crime.
• Intent: Here, it’s important to show that those involved really meant to make that agreement and aimed to see the crime happen. It’s about what was going on in their minds: they were serious about doing something wrong.
• Overt Act: This means someone took a real step to make the crime happen, something that moves the plan forward. It doesn’t mean the crime has to be completed, just that there was a clear move towards doing it. For example, buying supplies for a robbery counts, even if the robbery doesn’t happen.
• Knowledge: This part is about proving that the people involved knew what the plan was aiming for. It’s making sure everyone understood the crime they were working towards.
• Specificity: The plan has to be for a particular crime. Just talking about wanting to do something illegal without choosing a specific act doesn’t count as conspiracy. For instance, saying, “Let’s make some easy money” isn’t enough; saying, “Let’s rob this specific store next week,” is.

Proving these elements is essential for a conspiracy conviction, emphasizing the importance of a strategic defense to challenge the prosecution’s evidence on these points.

Example Scenario:

Alex and Jordan plan to embezzle funds from their employer. They agree on a scheme where Alex, who works in the accounting department, will adjust the books to hide the missing funds, while Jordan, in the IT department, will bypass the security measures to avoid detection. They take a preliminary step by accessing the company’s financial system to assess its vulnerabilities.

In this scenario:

• Agreement: Alex and Jordan reached an agreement to commit the crime of embezzlement.
• Overt Act: They took a substantial step towards the commission of the crime by accessing the company’s financial system for illegal purposes.
• Intent: Both intended to commit embezzlement, as demonstrated by their actions and planning.

Effective Defenses Against Conspiracy Charges

• Lack of Agreement: Demonstrating that no agreement existed to commit a crime can challenge the foundation of a conspiracy charge. This might involve showing that discussions were hypothetical or lacked serious intent.
• Withdrawal: If a defendant can prove they withdrew from the conspiracy before any crime was committed and attempted to thwart the crime, this defense can be effective.
• No Overt Act: Showing that no step towards the commission of the crime was taken undermines a key element required for a conspiracy conviction.
• Insufficient Evidence: A defense may focus on the lack of concrete evidence proving an agreement or an overt act towards committing a crime.

An experienced defense attorney can use these and other strategies, backed by solid evidence and legal reasoning, to significantly impact the outcome of a conspiracy case.

Penalties for Conspiracy Conviction

When you’re convicted of conspiracy in California, the penalties really depend on the crime you planned to commit:

• Sentencing: The range of possible sentences is wide. You could be looking at anything from probation, which means you’re not in prison but you’re under strict conditions, to spending many years in state prison. The seriousness of the crime you planned plays a big role here.
• Fines: On top of potential prison time, you might have to pay a lot of money in fines. These fines can be pretty heavy, depending on what you were conspiring to do.
• Criminal Record: A conviction leaves a mark on your record that doesn’t go away. This can make it harder to find jobs, get loans, or even rent a home in the future.

Let’s dive a bit deeper into how this works with specific examples:

If you’re part of a plan to commit robbery, and you get caught, the consequences are severe. Robbery is considered a violent crime, and a conspiracy to commit robbery could land you in prison for a long time. It might also count as a “strike” under California’s Three Strikes law. That means if you have prior serious or violent felony convictions, this could significantly increase your prison time.

On the other hand, if the conspiracy was to commit fraud, the penalties might be different. While still serious, fraud isn’t classified the same way as robbery. You could still face prison time and large fines, but the specifics would depend on factors like the amount of money involved and whether you have any previous convictions.

Understanding these penalties is crucial. They not only vary based on what crime was planned but also on your past record and the specifics of your case. That’s why having a good defense is so important. It’s not just about the immediate charges; it’s about your future, too.

FAQ: Addressing Your Conspiracy Charges Concerns

What immediate steps should I take after a conspiracy arrest?

Immediately invoke your right to remain silent and request an attorney. Avoid discussing the case without legal representation present.

How can I prove there was no agreement to commit a crime?

Evidence such as communications, witness statements, and the absence of preparatory actions can help disprove the existence of an agreement.

Is it possible to face conspiracy charges if the crime wasn’t completed?

Yes, conspiracy charges can arise solely from the agreement and an attempt to further the crime, even if the crime itself was not completed.

What role does intent play in a conspiracy charge?

Intent is crucial; the prosecution must prove that defendants intended to agree and to commit the crime.

Can withdrawing from the conspiracy affect my case?

Yes, if withdrawal is complete and communicated to co-conspirators before the crime occurs, it can be a valid defense.

How does conspiracy differ from the completed crime?

Conspiracy focuses on the agreement and attempt to commit a crime, not on the completion of the crime itself.

Contact An Experienced Los Angeles Conspiracy Defense Attorney

Facing conspiracy charges in California under Penal Code § 182 PC? The Law Offices of Arash Hashemi stand ready to guide you through the complexities of conspiracy law. With potential penalties ranging from fines to imprisonment, having an experienced defense is critical.

Attorney Arash Hashemi has expertise in handling conspiracy cases, negotiating with prosecutors to dismiss or reduce charges, and considering alternatives like pretrial diversion. Quick and strategic action could prevent the formal filing of charges.

Our office, located in the Westside Towers in Los Angeles, conveniently serves clients from Santa Monica, Beverly Hills, Westwood, and is right next to the Expo/Bundy Station. We provide flexible scheduling to accommodate your needs, including weekend appointments and jail visits for comprehensive case discussions.

To learn how we can help you navigate your conspiracy charge towards a favorable outcome, visit our office or contact us at (310) 448-1529. to schedule a consultation.