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new york penal law 105 10 conspiracy in the fourth degree

March 21, 2024 Uncategorized

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:

  • 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?

The key thing is that you made a plan with someone else to commit the crime. You don’t actually have to go through with it. Just the agreement or planning is enough to get charged with conspiracy. Kind of crazy right?

It also don’t matter if you were the one who came up with the plan or if the other person did. As long as you were in on it and down to commit the crime, you can be charged.

Possible Defenses

Since conspiracy charges depend on making an agreement with someone else, there are some defenses that can help fight them:

  • You didn’t actually make an agreement – there was just talk but no real plan.
  • You planned to commit a crime, but then backed out before doing anything illegal.
  • You were entrapped by police into committing conspiracy.

A good criminal defense lawyer can look at the details of your case and decide if any of these defenses could get your charges dropped or reduced.

Penalties if Convicted

If you’re convicted of conspiracy in the fourth degree in New York, it’s a Class E felony. That can mean:

  • Up to 4 years in prison
  • Fines up to $5,000
  • Probation up to 5 years

It also gives you a criminal record, which can make things like getting a job way harder. Not cool.

Get a Lawyer’s Help

Conspiracy charges ain’t nothing to play around with. You gotta get a criminal defense attorney to fight for you. They can dig into the details of your case and come up with the best defense strategy.

So don’t go it alone if you’re facing conspiracy charges in New York. Get yourself a lawyer ASAP. Your future depends on it. Ain’t no shame in asking for help when you need it. Take care of yourself!

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