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PC 182 Law & Defense
Information on the crime of conspiracy is found at California penal code section 182. Essentially, a conspiracy is an agreement, between two or more persons, to commit a crime.
To prove that the defendant is guilty of conspiracy, the prosecutor must prove that the defendant:
Agreed with at least one person to commit a crime, and
At the time of the agreement, the defendant intended to agree to commit a crime, and
At the time of the agreement, the defendant and the other person, or persons, that agreed with the defendant, intended that one or more of them would commit the target crime, and
One of the defendants committed at least one act towards the completion of the crime. The act itself does not have to be the crime, but rather, some act in furtherance of committing the crime.
Note: The crime of conspiracy is not complete if no party to the conspiracy has completed at least some act in furtherance of the conspiracy. An act in furtherance of the conspiracy is an act that is a substantial step towards completing the targeted crime.
For example, if two people agree to commit murder with a gun, then purchasing a gun might be considered an act in furtherance of the conspiracy to commit murder. On the other hand, if two people agree to commit murder but then do nothing whatsoever in furtherance of that agreement, there is no conspiracy.
Also, the crime of conspiracy is a separate crime from the target offense. For example, if two people conspire to commit robbery, and thereafter at least one of them commits the robbery, then both people are criminally liable for the conspiracy and the robbery (two separate offenses that carry separate punishments for both crimes).
PC 182 Penalties
There are several variations of conspiracy crimes. Arguably, the most common criminal charge of conspiracy is found at PC 182(a)(1) conspiracy to commit a an injurious act, or conspiracy to commit a felony.
PC 182(a)(1): Conspiracy to commit an injurious act may be filed as a felony or as a misdemeanor depending on the target offense. If conspiracy to commit an injurious act as a felony is filed against the defendant, and no specific felony is identified, then the defendant could face up to three years in jail. If conspiracy to commit an injurious act as a misdemeanor is filed against the defendant, and no specific misdemeanor is identified, then the defendant may face up to one year in county jail.
Note: As stated, some conspiracy charges are classified as felonies and some conspiracy charges are classified as misdemeanors. Whether or no a conspiracy charge is filed as a felony or as a misdemeanor depends largely on the classification of the target offense.
Conspiracy to commit a felony, or Penal Code 182(a)(1), is a felony itself. If the defendant is found guilty of conspiracy to commit a felony, he or she could face up to the same number of years as prescribed by the underlying felony.
Conspiracy to commit a misdemeanor, is a misdemeanor itself. If the defendant is found guilty of conspiracy to commit a misdemeanor, he or she could up to one year in the county jail (PC 182).
For example, if the defendant conspired to commit arson to property, he could face up to the same number of years that he would face as if he had actually committed arson to property, which is up to three years in prison.
Probation Sentence: A probation sentence might be allowed in a conspiracy cases. But whether or not a a judge or district attorney would offer a probation sentence after a PC 182 conviction depends largely on the facts of the case and the defendant's criminal history, among other factors.
CIMT: PC 182 crimes are crimes involving moral turpitude. Criminal involving moral turpitude are crimes that are considered to be morally wrong or involve deceit. If convicted of any PC 182 crime, the defendant could face collateral punishments that are common to convictions for crimes involving moral turpitude, including immigration and professional licensing issues (lawyers, dentists, therapists, nurses, etc.).
In addition to any jail sentence, criminal convictions for PC 182 can lead to other severe consequences such as: probation or parole sentence, fines, lawsuits, employment loss, insurance rate increase (vehicle, professional, life), state registration (sex, arson & drug offenses), CPS consequences, mandatory meetings (NA, Domestic Violence, DUI, & Aids awareness), firearm prohibition, and more. The type of penalty and sentence largely depends on the crime alleged to be the target of the conspiracy.
Defense to PC 182
The crime of conspiracy is not limited to any particular defense options; there are many defenses that might apply to conspiracy charge. However, many PC 182 charges tend to rely on the following defenses: insufficient evidence to prove that the defendant conspired with another person to commit a crime, lack of an overt act that was in furtherance of the conspiracy, mistake of fact, insanity, intoxication, duress, statute of limitations, coerced confessions, and more
If you have been charged with conspiracy, or Penal Code 182, contact our criminal defense lawyers without delay. Our criminal defense lawyers are experienced and will patiently explain your rights and defense options. Call today!
Related Conspiracy Crimes
PC 182(a)(2) Conspiracy to indict falsely
PC 182(a)(3) Conspiracy to maintain false court action
PC 182(a)(4) Conspiracy to cheat or defraud
PC 182(a)(1) Conspire to commit a felony
Quick Reference Sheet
Crime: Conspire to Commit an Injurious Act
Code: PC 182(a)(5) (CalCrim No. 415 et seq)
Wobbler: Yes. PC 182(a)(5) is a wobbler. This means that PC 182(a)(5) may be charged as a felony or as a misdemeanor.
Incarceration: Felony PC 182(a)(5) jail sentence: 16 months, 2 or 3 years (if probation not granted). Misdemeanor jail sentence up to 1 year.
Probation: Probation may be available in PC 182(a)(5) cases (assuming other crimes or enhancements that bar a probation sentence are not present). Whether or not a probation sentence is offered by the District Attorney, or granted by the court, depends on several factors, including the defendant's criminal history and the facts of the case.
Work Release or House Arrest: In some cases, a probation sentence can include actual in-custody county jail, house arrest (electronic monitoring), or work release (or some combination of these penalties); however, most in-custody jail sentence orders that are required as a terms of probation are much shorter than the maximum jail sentence.
PC 1170(h)): Yes. PC 182(a)(5) is subject to PC 1170(h) sentencing. This means that any jail or prison sentence may be:
Split (half in-custody / half out-of-custody)
Suspended (possibly never served)
Served in county jail (not state prison)
Note: Limitations may apply
Strike: PC 182(a)(5) is not a strike offense listed in California's Three Strikes law.
Credits: 50% good conduct credits available.
CIMT: PC 182(a)(5) is a crime involving moral turpitude if the target crime is a CIMT, which means that an arrest or conviction could lead to the following:
Professional Licensing problems
Impeachment on credibility
Firearms: Felony PC 182(a)(5) convictions bar the defendant from owning or possessing a firearm.
Bail: Amount equal to target offense (San Bernardino County)
Note: More penalties, direct or indirect, may apply. This info is created for that purpose only; accuracy not guaranteed. No attorney/client relationship is formed by use of this info. If arrested or charged with a crime contact a criminal defense lawyer without delay.
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