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Penal Code 182 PC | Conspiracy

Penal Code 182 PC – Conspiracy

Being charged with conspiracy under California Penal Code 182 PC can be scary. Conspiracy laws make it a crime to agree with someone else to commit a crime, even if you don’t actually go through with it. This article will explain what conspiracy is, what the penalties are, and what defenses you can use to fight the charges.

What is Conspiracy?

Under Penal Code 182 PC, a conspiracy happens when two or more people agree to commit a crime, and then one of them does something to help carry out the plan. This is called an “overt act.” For example:

  • Jim and Joe agree to rob a bank. Joe buys ski masks for them to wear during the robbery. This is a conspiracy.
  • Sara and Katie decide to sell drugs. Sara arranges a meeting with a dealer to buy the drugs. This is also a conspiracy.

The important parts are the agreement and the overt act. Just talking about committing a crime isn’t enough – someone has to take a step towards making it happen. And if there’s no agreement in the first place, there’s no conspiracy.

Penalties for Conspiracy

How serious the charges are depends on what crime you agreed to commit:

  • If it’s a felony, conspiracy will also be a felony. You’ll face the same punishment as if you actually committed that crime.
  • If it’s a misdemeanor, conspiracy can be charged as either a misdemeanor or felony. The prosecutor decides based on your criminal record.

So for example, agreeing to commit murder means you could get life in prison for conspiracy. But conspiring to commit petty theft might just be a misdemeanor.

Defenses to Conspiracy Charges

There are a few ways to fight conspiracy charges and get the case dismissed or a “not guilty” verdict:

  • No agreement – If you didn’t actually agree to participate in the crime, there’s no conspiracy. Maybe you were just present when it was discussed but didn’t join in.
  • No overt act – If there was no action taken to further the plan, there’s no conspiracy. Just talking about doing something illegal isn’t enough.
  • You withdrew – If you were part of the agreement but backed out before anyone committed an overt act, you may not be guilty of conspiracy.
  • False accusations – Co-defendants may lie and say you were part of the conspiracy to reduce their own charges.

An experienced criminal defense lawyer can evaluate the evidence against you and decide the best way to get the charges reduced or dismissed.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
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Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
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2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
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Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
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2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
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2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Related Crimes

Prosecutors often charge conspiracy defendants with other crimes too, like:

  • Aiding and abetting – Helping someone else commit a crime, even if you weren’t part of the planning.
  • Accessory – Helping a criminal avoid arrest or prosecution after the crime.
  • Attempt – Trying but failing to commit the planned crime.
  • Gang enhancements – Committing a felony to benefit a street gang brings harsher penalties.

A skilled defense attorney can look at the evidence and determine if you may actually be guilty of (or overcharged with) one of these related offenses instead of conspiracy.

Get Help Fighting Conspiracy Charges

Being charged with conspiracy can have devastating consequences on your life, even if you never committed the planned crime. But the law provides defenses that a knowledgeable attorney can use to get your charges reduced or dismissed. For help understanding your options and fighting back against conspiracy allegations, contact a criminal defense lawyer today.

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