new york penal law 105 10 conspiracy in the fourth degree

The crime of conspiracy involves planning a crime or agreeing to commit one with other peeps, ya know? But that don’t mean you gotta make it all official with contracts n’ stuff. Just making a plan with someone else to do something illegal is conspiracy under New York law.

Let’s break it down real quick. New York Penal Law Article 105 covers different degrees of conspiracy charges, based on how bad the planned crime is. Like, planning to jaywalk ain’t the same as planning a murder, ya feel me?

What is Conspiracy in the Fourth Degree?

Conspiracy in the fourth degree is basically when you and someone else agree to commit a Class B or E felony. Those are felonies that ain’t crazy serious, but they’re still felonies, ya know? Some examples:

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Legal Scenario: What Would You Do?

Scenario

You and a friend discussed a plan to steal merchandise from a warehouse, and your friend even bought bolt cutters in preparation. Before anything actually happened, police arrested both of you and charged you with conspiracy in the fourth degree.

Can I really be charged with conspiracy if we never actually went through with the theft?

Attorney's Answer

Under New York Penal Law § 105.10, conspiracy in the fourth degree is a class A misdemeanor that does not require the underlying crime to be completed. The prosecution must prove that you agreed with one or more persons to engage in conduct constituting a crime, and that an overt act was performed in furtherance of that agreement — here, your friend purchasing the bolt cutters likely satisfies that element. A skilled defense attorney may challenge whether a firm agreement actually existed or whether the overt act was truly connected to the alleged plan, as vague discussions alone may not meet the statutory threshold for a conspiracy charge.

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

• Selling a controlled substance
• Possession of stolen property
• Forgery

So if you and your buddy make a plan to sell some drugs or pass some fake checks, that’s conspiracy in the fourth degree. It’s a Class E felony under New York Penal Law 105.10.

What Makes it Conspiracy?