NYC Conspiracy Lawyer
Conspiracy Crime Lawyer in New York City
The crime of criminal conspiracy is one that is frequently charged in New York and even more often charged in federal criminal defense prosecutions. Almost always, charges of conspiracy to commit a crime are brought in addition to charges involving the underlying crime which, it is claimed, was the goal of the conspiracy, to begin with. By and large, New York prosecutors tend to include conspiracy charges in certain types of indictments: narcotics prosecutions, money laundering prosecutions, and fraud charges in New York. Regardless of the underlying offense, however, conspiracy charges are complex and significant accusations. Conspiracy convictions can lead to prison and even life sentences depending upon the severity of the underlying crime.
If you are facing criminal conspiracy charges in New York, retaining an NYC conspiracy crime lawyer with three decades of experience fighting — and winning — such cases should be your first move. NYC criminal conspiracy lawyer Fred Sosinsky has successfully represented scores of clients charged with conspiracy. Call Fred to review your case and learn what can be done for you.
What Is Criminal Conspiracy?
Stated simply a criminal conspiracy is defined under New York law to be an agreement between two or more people to commit a crime. The crime of conspiracy is the agreement itself and does not require proof that the crime intended actually was committed or even that it came close to the commission. All that must be shown is that some action — referred to as an “overt act” — was taken in furtherance of the conspiracy by one of its members.
Conspiracy charges in New York are dangerously easy for prosecutors to bring because there is no requirement that the agreement to commit the crime to be explicit or formalized. Instead, the law allows charges of criminal conspiracy to be brought based on circumstantial evidence of the existence of the illicit agreement. And one may be convicted of conspiracy based upon the testimony of a single alleged party to the charged conspiracy. Because such a witness is themselves guilty of a serious crime, there are usually very serious issues about their believability. With such a wide potential net to be cast by prosecutors, it is simple to see how those on the edges of relationships and locations can be wrongfully ensnared into conspiracy charges. Luckily, an experienced NYC conspiracy lawyer can help build your defense and navigate the legal waters for those charged with conspiracy charges.
Types of Conspiracy Charges in New York
Conspiracy charges in New York may be brought as a misdemeanor or an increasingly serious felony offense. The class or degree of the crime of conspiracy which may be charged depends upon the severity of the underlying crime that is the goal of the illegal agreement and also whether a person under the age of 16 is involved. Thus, the more serious the crime being planned, the more serious the conspiracy charge one may be faced with. An NYC conspiracy crime lawyer will be able to explain the different types of conspiracy charges and the best way to defend against your specific charges.
Conspiracy in the Sixth Degree
Conspiracy in the Sixth Degree is a Class B Misdemeanor punishable by up to 90 days in jail. A person may be charged with Conspiracy in the Sixth Degree when he or she agrees with one or more persons to engage in a criminal act.
Conspiracy in the Fifth Degree
Conspiracy in the Fifth Degree is a Class A Misdemeanor punishable by up to one year in jail. One may be charged with Conspiracy in the Fifth Degree when, with intent to perform a felony, he or she agrees with one or more persons to engage in or cause the performance of criminal conduct or with intent to perform a crime, the person being over 18 years of age agrees with a minor (under 16 years of age) to engage in or cause the performance of criminal conduct.
Conspiracy in the Fourth Degree
Conspiracy in the Fourth Degree is a Class E Felony offense punishable by up to 4 years in prison. A person may be charged with Conspiracy in the Fourth Degree when, with intent to perform a Class B or Class C felony, he or she agrees with one or more persons to engage in or cause the performance of such conduct, or with intent to perform any felony, he or she is over 18 years of age, agrees with one or more persons under 16 years of age to engage in or cause the performance of criminal conduct, or with intent to person the felony of money laundering in the third degree as that term is defined in las, he or she agrees with one or more persons to engage in or cause the performance of such criminal conduct.
Conspiracy in the Third Degree
Conspiracy in the Third Degree is a Class D Felony offense punishable by up to seven years in prison, A person may be charged with Conspiracy in the Third Degree when with intent to perform a Class B or a Class C felony, he or she is over 18 years of age, agrees with one or more persons under 16 years of age to engage in or cause the performance of such criminal conduct.
Conspiracy in the Second Degree
Conspiracy in the Second Degree is a Class B Felony punishable by up to fifteen (15) years in state prison. A person may be charged with Conspiracy in the Second Degree when with intent to perform a Class A felony, he or she agrees with one or more persons to engage in or cause the performance of such criminal conduct.
Conspiracy in the First Degree
Conspiracy in the First Degree is a Class A-I Felony punishable by up to life in prison. A person may be charged with conspiracy in the first degree when, with intent to perform a Class A felony he, being over 18 years of age, agrees with one or more persons under 16 years of age to engage in or cause the performance of such conduct.
Elements of Conspiracy Charges in New York
Those charged with conspiracy should know that they could face convictions for both the conspiracy as well as the underlying criminal act that they were pursuing. The following is a closer look at the three elements of a conspiracy charge:
Agreement Between Two Or More Persons
The key to a conspiracy charge is that it is a form of criminal partnership between two or more people to commit an unlawful act. A Brooklyn conspiracy crime Lawyer can explain to you that with a conspiracy, it is the agreement to commit an illegal act that is itself illegal. Whether the underlying crime was ever committed is irrelevant. For example, if there is a conspiracy to commit bank fraud between John and Henry and they take an overt act toward the commission of the crime, they may be guilty of the crime of conspiracy to commit bank fraud regardless of whether they actually succeed.
Knowledge and Intent
As with most criminal charges, prosecutors must prove that the participants in the conspiracy had the knowledge and intent to enter into the criminal act. A prosecutor will not have to show that you had the intent to injure a specific person. However, the prosecutor will have to show that you had the general intent to engage in a criminal act. For example, if you join a group that is considering robbing a bank in Manhattan, you must have reasonable knowledge that the group is planning to rob the bank.
Overt Act
A key element of a conspiracy charge that is usually overlooked is that the participants must take some overt act toward the commission of the crime. So a group of people simply thinking about a crime may not be enough to support a conviction. Instead, prosecutors must also show that at least one of the conspirators took an overt act in furtherance of the crime. For example, if a group of would-be bank robbers simply sit around someone’s kitchen table discussing the bank robbery, they likely are not guilty of a crime. However, if the group scopes out the crime scene and draws a map of the bank, the scoping out and drawing out of the plan may constitute an overt act toward the commission of the crime supporting conviction.
Defenses to Conspiracy Charges in New York
A conspiracy charge involves a lot of moving parts. It can be difficult to prove that two or more people shared the same intent and knowledge to commit a crime. It can also be difficult to show that an agreement existed, according to New York criminal defense lawyer, Frederick Sosinsky. Some common defenses to conspiracy crime charges in NY include:
Lack of Agreement
Prosecutors do not have to show that the parties had a formal written agreement to commit a crime. However, they do need to show that an agreement existed. Your Brooklyn conspiracy crime lawyer may help you argue that while you had met several people to discuss a common topic, there was never a plan to commit a crime or an agreement on how the crime would be committed.
Abandonment or Withdrawal
Even if there is an agreement to commit a crime, one of the parties to the conspiracy may still abandon the crime or withdraw from the act to avoid criminal prosecution. Generally, the defendant must abandon the crime or withdraw before the conspirators take an overt act toward the commission of the crime. Once the overt act is taken, it may be too late to withdraw. However, before that overt act is taken, a defendant can demonstrate abandonment or withdrawal such as by communicating the abandonment to other co-conspirators and taking the abandoning act in a timely fashion before the commission of the crime. The burden will be on the defendant to prove withdrawal or abandonment. You should be aware that a passive non-participation from the crime may not be enough to support abandonment.
Penalties of Conspiracy Charges in New York City
The penalties for a conspiracy charge vary wildly and can be very severe. The reason for the variation in penalties is that someone convicted of conspiracy faces the same punishment as the underlying crime. If there is a conspiracy to commit bank fraud, you face the penalties for the bank fraud. Similarly, if the underlying crime is murder, you could still face the penalties for murder. An experienced New York City conspiracy crime lawyer advises that expert counsel is necessary in order to help minimize the conspiracy charges.
An experienced New York City Conspiracy Lawyer will tell you that all members of the conspiracy face the same criminal penalties. If there is a conspiracy to commit murder, the conspirer who plans the crime can face the same penalties as the person who actually pulls the trigger. The reasoning behind this is that prosecutors will not bear the burden of trying to untangle the conspiracy and lay blame based on the roles of each conspirator. If you’ve been involved in a conspiracy crime charge in Brooklyn or Manhattan, understand that all involved are liable for the same level of punishment.
Contact an NYC Conspiracy Crime Lawyer Today
If you have been arrested and charged with conspiracy charges, you will need to have an NYC conspiracy defense lawyer who will go to battle for you. Fred Sosinsky will bring his 30 years of experience and courtroom savvy to work for you. Contact him now.
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