NY Penal Law § 105.17: Conspiracy in the First Degree

If you make plans with one or more other people to commit a crime, and you take steps in furtherance of such a plan, according to the criminal code, you have already committed a crime.  The crime of conspiracy entails planning to or actually forming an arrangement with others to take part in a criminal act. Six conspiracy offenses are covered in the New York criminal code, including specific offenses that cover situations in which an adult conspires with a minor to commit a felony. Under New York Penal Law § 105.17 you have committed the crime of conspiracy in the first degree if you are over 18 years old and you plan with a person who is less than 16 years old to commit a Class A felony. Examples of Class A felonies include murder in the first degree, arson in the first degree, kidnapping in the first degree, and operating as a major drug trafficker. In order to be convicted of conspiracy, there has to be more than just a conversation about committing a Class A felony. You or another participant in the purported conspiracy has to commit at least one overt act in furtherance of that conspiracy pursuant to New York Penal Law § 105.17 for you to be convicted of this crime.

Example

One afternoon, twenty-one year old Rico caught his girlfriend of 3 years in their bed with another man. Rico was extremely hurt and angry about it.  He threatened to murder both his girlfriend and the other man. When Rico returned home, he told his little brother, 15 year old Reggie, the story of catching his girlfriend. Rico, still full of rage, asked Reggie to assist him in killing his girlfriend. As a joke, Reggie agreed. Later on , over the course of the evening as they played video games, Reggie and Rico talked about several different ways that they could commit the murder and get away with it. The following day, Reggie mentioned his discussions with Rico to a friend at school. Out of concern, the friend called the police. Rico more than likely could not be successfully prosecuted for conspiracy in the first degree. This is because neither he nor Reggie made  a lot of “covert” views.  The statute also provides there must have been some overt steps in furtherance of the plan to murder Rico’s girlfriend.

Offenses that are Related

Conspiracy in the sixth degree: New York Penal Law § 105.00

Conspiracy in the fifth degree: New York Penal Law § 105.05

Conspiracy in the fourth degree: New York Penal Law section 105.10

Conspiracy in the third degree: New York Penal Law § 105.13

Conspiracy in the second degree: New York Penal Law § 105.15

Possible Defenses

In order to successfully prosecute you for conspiracy in the first degree, the prosecutor must show evidence that you or another person involved in the conspiracy committed an overt act in furtherance of the conspiracy. For example, if you and your supposed co-conspirators were just talking but had not taken any other steps toward putting the plan into action, then you could successfully challenge the first degree conspiracy charge against you.

The Sentence

In a category with murder in the first degree, arson in the first degree, and kidnapping in the first degree, the crime of conspiracy in the first degree is one of the few crimes in the New York criminal code that can be categorized as  a Class A-I felony. What this means to you is that if you are convicted, the judge could sentence you to life in prison.

NY Penal Law § 105.15: Conspiracy in the Second Degree

If you make plans with one or more other people to commit a felony, and you take steps in furtherance of such a plan, according to the criminal code, you have already committed a crime.  The crime of conspiracy entails planning to or actually forming an arrangement with one or more other people to take part in a criminal act. Six conspiracy offenses are covered in the New York criminal code.  Pursuant to New York Penal Code § 105.15, you will have committed the crime of conspiracy in the second degree if you make plans with at least one other individual to commit a Class A felony. 

Examples of Class A felonies include arson in the first degree, murder in the first degree, kidnapping in the first degree, and operating as a major drug trafficker.

In order to be convicted of conspiracy, there has to be more than just a conversation about committing a Class A felony. You or another participant in the purported conspiracy has to commit at least one overt act in furtherance of that conspiracy pursuant to New York Penal Law § 105.15 for you to be convicted of this crime.

For Example

Hiro is a notorious drug trafficker. Shamar was working for Hiro, selling drugs on the street. At some point, Hiro was informed that Shamar had been stealing both drugs and money from him. Hiro put a call out to Giancarlo.  When he reached Giancarlo, Hiro asked him to make Shamar an example to everyone else in the cartel by killing Shamar. Giancarlo and Hiro collaborated on creating a plan as to how to take Shamar out. Hiro handed Giancarlo a firearm. Giancarlo used that firearm to shoot Shamar in the head.  By shooting Shamar, who died from the wound, Giancarlo committed the crime of murder in the first degree. Hiro could get prosecuted for conspiracy in the second degree, because he planned the murder of Shamar right along with Giancarlo.

Offenses that are Related

Conspiracy in the sixth degree: New York Penal Law § 105.00

Conspiracy in the fifth degree: New York Penal Law § 105.05

Conspiracy in the third degree: New York Penal Law § 105.13

Conspiracy in the first degree: New York Penal Law § 105.17

Possible Defenses

So that they can win a successful prosecution against you for conspiracy, the prosecutor needs to demonstrate that you or another individual involved in the conspiracy completed at least one overt act in furtherance of the conspiracy. If the prosecutor has no evidence to show that this is true, then you cannot be convicted of conspiracy.

The Sentence

Conspiracy in the second degree is categorized as a Class B felony. What this means to you is that if, you get convicted, the judge can sentence you to up to 25 years in prison, 5 years of probation, and the payment of a substantial fine.

NY Penal Law § 105.13: Conspiracy in the Third Degree

If you make plans with one or more other people to commit a crime, and you take steps in furtherance of such a plan, according to the criminal code, you have already committed a crime. The crime of conspiracy entails planning to or actually forming an arrangement with one or more other people to take part in a criminal act. In order to be convicted of conspiracy, there has to be more than just a conversation about committing a crime. You or another participant in the purported conspiracy has to commit at least one overt act in furtherance of that conspiracy. Six conspiracy offenses are covered in the New York criminal code, including specific laws that address an adult conspiring with a minor child to commit a felony offense. Pursuant to New York Penal Law § 105.13, you have committed the crime of conspiracy in the third degree if:

1. You make plans with at least one other individual to commit a Class B or C felony and,
2. You are over 18 years of age and you make plans to commit a felony with a person who is under the age of 16.

For Example

Logan is walking with a few of his friends down a street. He sees a woman holding a handbag. Without saying anything to his friends, Logan suddenly knocks the woman down and attempts to snatch her handbag. She refuses to give Logan the bag. Logan then pulls a gun out of his pocket and points towards her. At this point, his friends begin to kick the woman in an effort to get her handbag. The woman suffers serious injuries as a result of the attack. In this scenario, neither Logan nor any of his friends could be charged with conspiracy in the fourth degree.  This is because there was no agreement to commit the crime. However, each of them could separately get slapped with an assault charge, since they all participated in the assault of the woman.

Offenses that are Related

Conspiracy in the sixth degree: New York Penal Law § 105.00

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Conspiracy in the fifth degree: New York Penal Law § 105.05

Conspiracy in the second degree: New York Penal Law § 105.15

Conspiracy in the first degree: New York Penal Law § 105.17

Possible Defenses

Legal Scenario: What Would You Do?

Scenario

You and two associates discussed a plan to carry out an armed robbery of a jewelry store, and one of them purchased supplies and conducted surveillance of the location. Now you're having second thoughts, but you're worried that you may have already crossed a legal line just by participating in those conversations and early planning stages.

Can I be charged with first-degree conspiracy even though the robbery never actually took place and I personally didn't buy any supplies or scout the location?

Attorney's Answer

Under NY Penal Law § 105.17, conspiracy in the first degree is a class A-I felony that applies when you agree with one or more persons to commit a class A felony and any member of the conspiracy takes an overt act in furtherance of that plan. You do not need to be the person who carried out the overt act — the purchase of supplies and surveillance by your associate can be attributed to the entire conspiracy. The fact that the robbery was never completed is irrelevant, because conspiracy criminalizes the agreement and preparation itself, not the completed offense. Given that this charge carries a potential sentence of 15 to 25 years to life, you need experienced legal counsel immediately to explore possible defenses such as withdrawal or renunciation under NY Penal Law § 105.30.

This is general information only. Contact us for advice specific to your situation.

So that they can win a successful prosecution against you for conspiracy, the prosecutor needs to demonstrate that you or another individual involved in the conspiracy completed at least one overt act in furtherance of the conspiracy. If the prosecutor has no evidence to show that this is true, then you cannot be convicted of conspiracy.

The Sentence

Conspiracy in the third degree is categorized a Class D felony. What this means to you is that if you are convicted, your sentence could include as much as 7 years in prison, 5 years of probation, and the payment of a substantial fine.

NY Penal Law § 105.10: Conspiracy in the Fourth Degree

If you make plans with one or more other people to commit a felony, and you take steps in furtherance of such a plan, according to the criminal code, you have already committed a crime.  The crime of conspiracy entails planning to or actually forming an arrangement with one or more other people to take part in a criminal act. It is worth noting that it is not necessary for a formal written agreement to exist. All that is needed for this charge to be valid is an agreement (verbal or otherwise) and some overt act that is carried out in furtherance of the plan to commit a crime. Six conspiracy offenses are covered in the New York penal code.The prosecutor will determine the specific conspiracy charge that you will face on the basis of

 your age, the age of those with whom you conspire, and the crime involved. 

1. What age you are, 
2. the ages of other conspirators, and 
3. the criminal offense you are conspiring to commit. 

Pursuant to New York Penal Law § 105.10, you will have committed the crime of conspiracy in the fourth degree if:

1. You make plans with at least one other individual to commit a Class B or C felony,
2. You are over the age of 18 and you make plans to commit a felony with a person who is under the age of 16, or
3. You make plans to commit the crime the of money laundering as delineated in New York Penal Code § 470.10