Blog
New York Penal Law 105.05 Conspiracy in the Fifth Degree
Contents
New York Penal Law 105.05 Conspiracy in the Fifth Degree
Conspiracy laws in New York aim to deter and punish agreements to engage in criminal conduct. Conspiracy in the Fifth Degree, under New York Penal Law 105.05, is when two or more people agree to commit a felony crime together. This article will explain what constitutes Conspiracy in the Fifth Degree, potential penalties, and possible defenses.
The Law
New York Penal Law 105.05 states that a person is guilty of Conspiracy in the Fifth Degree when they intentionally agree with one or more people to commit a felony crime [4]. To be convicted, the prosecution must prove there was an agreement and intent to commit the felony [1].
Conspiracy charges can occur even if the planned felony crime never actually happens. Simply making the agreement is enough to constitute the conspiracy offense [3].
Elements of the Crime
There are two main elements prosecutors must prove for a Conspiracy in the Fifth Degree conviction:
- An agreement was made between the defendant and at least one other person to commit a felony crime
- The defendant intended for the agreed upon felony crime to be carried out
The agreement does not need to be formal or explicit. A tacit understanding to work together to commit the felony crime is enough. The prosecution also does not need to prove exactly when or where the agreement took place [3].
Potential Penalties
Conspiracy in the Fifth Degree is a class A misdemeanor under New York law. Potential penalties if convicted include:
- Up to 1 year in jail
- Up to 3 years probation
- Fines up to $1,000
The penalties can be higher if the defendant has prior convictions. Conspiracy charges also often accompany substantive charges for the planned felony crime itself [1].
Possible Defenses
There are several possible defenses if charged with Conspiracy in the Fifth Degree:
No Agreement
If there was no actual agreement between the defendant and others to commit a crime, then one of the main elements of conspiracy cannot be proven. Just discussing hypothetical criminal acts is not enough [3].
No Intent
If the defendant did not really intend for the felony crime to be committed, that would negate the intent element. The prosecution has to show intent beyond just an agreement [3].
Entrapment
If the defendant was induced by law enforcement to commit a crime they otherwise would not have, an entrapment defense may apply. This includes undercover officers proposing criminal acts or pressuring the defendant [1].
Duress
If the defendant only agreed to commit the crime due to threats of physical harm against them or loved ones, a duress defense may negate intent. However, the threat would need to be imminent and credible [3].
Famous Cases
Some notable Conspiracy in the Fifth Degree cases in New York include:
- People v. Valerio – Defendants were convicted of conspiring to commit kidnapping and assault. The agreement was established through recorded conversations .
- People v. Menache – Defendant convicted of conspiring to commit burglary and grand larceny for plotting with others to steal rare books .
- People v. Jimenez – Defendants acquitted of conspiracy to commit murder despite incriminating statements because no actual agreement proven .
Conclusion
Conspiracy charges can have serious penalties, even if no substantive crime ultimately occurs. Understanding the elements of conspiracy under New York law, potential defenses, and past cases is important for anyone charged with Conspiracy in the Fifth Degree. Consulting an experienced criminal defense attorney is highly recommended.
References
1
https://criminaldefense.1800nynylaw.com/new-york-penal-law-105-05-conspiracy-in-the-fifth-degree.html
2
https://www.nycourts.gov/judges/cji/2-PenalLaw/105/105-05%282%29.pdf
3
https://ypdcrime.com/penal.law/article105.php
4
https://casetext.com/statute/consolidated-laws-of-new-york/chapter-penal/part-3-specific-offenses/title-g-anticipatory-offenses/article-105-conspiracy/section-10505-conspiracy-in-the-fifth-degree
5
https://codes.findlaw.com/ny/penal-law/pen-sect-105-05/
6
https://law.justia.com/codes/new-york/2013/pen/part-3/title-g/article-105/105.05
https://casetext.com/case/people-v-valerio-3
https://casetext.com/case/people-v-menache
https://casetext.com/case/people-v-jimenez-50