California Penal Code Section 182

Definition

Conspiracy under California Penal Code Section 182, is a criminal offense and it is normally filed as either a misdemeanor or felony. Conspiracy is when someone deliberately agrees with two (or more) conspirators, and one of them acts upon this scheme.

Example

A common illustration of Conspiracy is when Jack  decides to kill someone with his or her close  friend, Ryan and Sue. Ryan goes on to set the stage for the murder. Even though Jack  did not do so, he conspired to, and is still guilty of conspiracy.

Elements of the Crime

In order to take a Conspiracy CPC 182 case to trial, certain elements of the crime will have to be proven. These may include one of the following:

·         That the defendant agreed to carry out an offense with two or more persons

·         One party in the contract proceeded to take action for fulfilling the crime

·         This contract or crime was executed in California

Types of Conspiracy and Punishments

1. Conspiracy of Crimes – Those who conspire to violate a criminal code, and did not actively participate in the crime, apart from agreeing to, is still guilty of that criminal code. E.G. If you conspire to blackmail someone, if one of the parties involved follows through with  blackmail, you will be guilty of the crime of blackmail and also face its respective charges.
2. Conspiracy to Defraud Finances or Possessions – The charges for this type of conspiracy depend on several elements and it can be filed as either a misdemeanor, which is punishable by one year in jail and up to ten thousand dollars in fines. If filed as a felony, the sentencing is either sixteen months, two or three years in prison and up to ten thousand dollars in fines.
3. Government Executive Conspiracy – punishable by five, seven or nine years in prison
4. Plotting to – commence and carry on with a fraudulent lawsuit
5. Plotting to – illegally blame another person for a criminal offense or participation in that offense
6. Plotting to – obstruct justice or defraud welfare

Conspiracies four, five and six, listed above, can either be filed as  felony or misdemeanor, depending on the circumstances of the case.

Legal Defenses for California Penal Code 182

A good lawyer can present many legal and valid defenses for Conspiracy charges under California Penal Code 415a to prove someone’s innocence. MacGregor and Collins is based in Orange County, California, and has successfully defended  those who were falsely accused of Conspiracy. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Conspiracy.

Learn more about other California Section Penal Codes here.