Racketeering Conspiracy in California: Definition, Charges, and Defenses

Criminal conspiracy and racketeering (RICO) are two serious offenses under California law, and while they’re often charged together, they are not the same. Both involve coordinated criminal conduct, but the legal definitions, elements, and penalties differ significantly.

Conspiracy typically refers to an agreement between two or more people to commit a crime, even if the crime itself was never completed. Racketeering, on the other hand, involves participation in an ongoing criminal enterprise—often tied to repeated acts of fraud, violence, or corruption—intended for financial gain.

California prosecutors use both conspiracy (Penal Code § 182) and racketeering (Penal Code § 186) statutes to target organized criminal activity. These charges can result in lengthy prison sentences, asset forfeiture, and other severe consequences—even if no underlying crime was successfully carried out.

Understanding the difference between these two charges is critical if you or someone you know is under investigation. Early legal intervention by an experienced Los Angeles criminal defense attorney can make all the difference.

What Is Criminal Conspiracy in California? – Penal Code § 182 PC

Under California Penal Code 182, criminal conspiracy occurs when two or more people agree to commit a crime—and at least one of them takes a step toward carrying it out. The crime doesn’t have to be completed; just the agreement and an “overt act” in furtherance of the plan is enough to support a charge.

For example, if two individuals agree to commit burglary and one of them buys tools to break in, both can be charged with conspiracy—even if the burglary never happens.

Elements the Prosecutor Must Prove

To convict someone of conspiracy in California, the prosecution must prove:

• An agreement between two or more people to commit a crime;
• Intent by each party to follow through with the crime; and
• An overt act in furtherance of the agreement (even a small step, like purchasing supplies or scouting a location).

Conspiracy charges can apply to almost any underlying offense—from fraud and drug crimes to violent acts—and are often used to tie multiple defendants together in complex investigations.

What Is Racketeering in California? – California’s State RICO Law

Racketeering is defined under California’s Control of Profits of Organized Crime Act, which includes Penal Code §§ 186–186.8. It targets individuals and organizations that profit from ongoing criminal activity, particularly when that activity is part of a coordinated enterprise.

While conspiracy focuses on the agreement to commit a crime, racketeering requires a pattern of criminal actscommitted for financial gain and often includes conspiracy as part of the offense.

California’s racketeering laws are similar in function to the federal RICO Act (Racketeer Influenced and Corrupt Organizations Act). Both allow prosecutors to charge individuals involved in criminal enterprises, seize their assets, and impose lengthy prison sentences.

Key Features of Racketeering in California:

• A person must commit at least two or more felony acts (called “predicate offenses”) within a 10-year span.
• These acts must be connected to a criminal enterprise or organization.
• The conduct must be committed for financial benefit (e.g., extortion, drug trafficking, fraud, etc.).

Some common offenses linked to California racketeering charges include:

• Drug trafficking and manufacturing
• Fraud and embezzlement
• Human trafficking
• Money laundering
• Extortion or bribery
• Murder, kidnapping, or robbery
• Witness intimidation

A conviction under Penal Code 186 can result in state prison, asset forfeiture, and serious financial penalties, even if the defendant didn’t directly carry out every act themselves.

What Is Racketeering Conspiracy in California?

Racketeering conspiracy is a serious federal and state offense that involves an agreement between two or more individuals to engage in a pattern of criminal activity as part of an organized criminal enterprise. In California, racketeering conspiracy is often charged under the state’s Control of Profits of Organized Crime Act, similar to the federal RICO laws.

To prove racketeering conspiracy, prosecutors must show:

• There was an agreement to participate in an ongoing criminal enterprise;

• The criminal conduct involved at least two or more related criminal acts (known as “predicate offenses”) within a specific time frame;

• The purpose of the conspiracy was to financially benefit the participants or the enterprise.

Unlike a simple conspiracy, racketeering conspiracy typically requires a pattern of racketeering activity — meaning repeated criminal acts connected to a broader operation, such as drug trafficking, money laundering, fraud, or extortion. Even if an individual did not personally commit the crimes, agreeing to further the enterprise’s illegal goals can lead to serious felony charges.

A conviction for racketeering conspiracy can carry severe penalties, including long prison sentences, large fines, and the forfeiture of property connected to the alleged criminal activity.

Key Differences Between Conspiracy and Racketeering

While conspiracy and racketeering charges are often filed together, they involve very different legal theories and levels of criminal conduct. Below is a breakdown of how these two offenses differ in structure, scope, penalties, and prosecution.

Structure: Agreement vs. Pattern of Crime

• Conspiracy is based on an agreement between two or more people to commit a specific crime. The crime doesn’t have to be completed — the agreement and an overt act in furtherance of it are enough to trigger charges.
• Racketeering, on the other hand, involves a pattern of criminal activity carried out for financial gain, often as part of a criminal enterprise or organization. A single agreement is not required; what matters is repeated unlawful conduct.

Scope: Single Crime vs. Multiple Acts

• A conspiracy charge generally relates to one planned crime — such as robbery, fraud, or drug distribution.
• Racketeering charges cover a series of crimes committed over time as part of a broader operation. The government must show at least two or more qualifying acts within a 10-year span.

Charges and Complexity

• Conspiracy cases are usually more straightforward, focusing on intent and communication between co-conspirators.
• Racketeering prosecutions are far more complex. They often involve multiple defendants, long-term investigations, and charges under California’s Control of Profits of Organized Crime Act or the federal RICO Act.

Federal vs. State Use

• Conspiracy charges are commonly filed at both the state and federal levels and may stand alone or support larger indictments.
• Racketeering charges are often associated with federal RICO prosecutions, but California also has a strong state-level racketeering law under Penal Code 186–186.8.

Penalties and Enhancements

• A conspiracy conviction typically carries penalties based on the severity of the planned crime — from probation to years in prison.
• A racketeering conviction can lead to long-term imprisonment, major fines, and asset forfeiture, including the seizure of money, property, and business interests connected to the criminal activity. These charges often come with sentence enhancements tied to violence, weapons, or white collar offenses.

Penalties for Conspiracy and Racketeering in California

Conspiracy Penalties – California Penal Code 182

• If the planned crime is a felony, conspiracy is generally punished as if the felony had actually been committed.
• If the intended crime is a misdemeanor, conspiracy may be punished by up to 1 year in county jail and a fine up to $10,000.
• For certain conspiracies (e.g., conspiracy to commit murder or kidnapping), sentencing can include life in prisonor enhanced penalties tied to gang or firearm allegations.

Importantly, a person can be convicted of conspiracy even if the crime was never completed, so long as there was an agreement and an overt act in furtherance of the plan.

Racketeering Penalties – California Penal Code 186.2–186.11

• Felony penalties: Racketeering is always charged as a felony in California.
• Prison sentence: Convictions may result in 2, 3, or 5 years in state prison, depending on the underlying crimes and enhancements.
• Fines: Up to $250,000 or double the amount of the criminal proceeds.
• Asset forfeiture: The government can seize bank accounts, real estate, vehicles, or any property connected to the alleged criminal activity—even before a conviction.
• Sentence enhancements: If tied to aggravated white collar crimes or violent felonies, racketeering convictions can include additional years in prison under PC 186.11.

A racketeering conviction can also carry immigration consequences, affect professional licensing, and result in restitution orders to compensate victims of financial harm.

Defenses to Conspiracy and Racketeering Charges in California

Lack of Agreement or Intent (Conspiracy)

To convict someone of conspiracy, the prosecution must prove that two or more people agreed to commit a crime and took some step toward completing it. If there was no actual agreement—or you didn’t intend to participate—you cannot be found guilty of conspiracy.

No Pattern of Criminal Activity (Racketeering)

California’s racketeering laws require a clear pattern of criminal profiteering. If the alleged acts were isolated, unrelated, or committed over a long period of time without connection, they may not meet the threshold for racketeering.

No Involvement in a Criminal Enterprise

Racketeering charges often depend on proving that the defendant acted on behalf of, or for the benefit of, a criminal enterprise. If you acted independently or for personal reasons unrelated to an organization, this element may not be satisfied.

Withdrawal from the Conspiracy

In conspiracy cases, it’s a valid defense to show that you withdrew from the agreement before any criminal act was committed. This requires evidence that you made a clear effort to abandon the plan and communicated that withdrawal to the co-conspirators.

False Accusations or Mistaken Identity

In large-scale investigations involving multiple people, law enforcement sometimes relies on faulty information or unreliable witnesses. If you’re being accused based on guilt by association or misidentification, your attorney can challenge the credibility of the evidence.

Illegally Obtained Evidence

If the prosecution’s case is built on evidence obtained through unlawful searches, wiretaps, or surveillance—without a valid warrant or probable cause—your attorney can file a motion to suppress. If granted, key evidence may be excluded, potentially leading to a dismissal.

Facing Conspiracy or Racketeering Charges? Speak with a Los Angeles Criminal Defense Attorney Today

If you’ve been charged with conspiracy, racketeering, or both, the stakes are incredibly high. These are complex felony cases often linked to serious underlying offenses—ranging from fraud to violent crime—and they can carry long prison terms, financial penalties, and asset forfeiture.

Attorney Hashemi has over 20 years of experience defending clients in complex state and federal criminal cases throughout Los Angeles. He understands how conspiracy and racketeering charges are built—and how to challenge them through detailed legal strategy, investigation, and negotiation.

If you’re under investigation or already facing charges, early legal intervention is critical. Our criminal defense attorney will evaluate your case, explain your rights, and help you move forward with a strong defense.

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Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.