New York Penal Law 105.15: Conspiracy in the Second Degree

Conspiracy laws in New York can be pretty complicated, especially when you get into the different degrees of conspiracy charges. One of the more serious conspiracy charges is New York Penal Law 105.15, which covers conspiracy in the second degree. This article will break down what this law means, what the penalties are, and some key things to know if you’ve been charged.

What is Conspiracy in the Second Degree?

The basics of P.L. 105.15 are that it’s when someone intentionally agrees with at least one other person to commit a Class A felony. Some examples of Class A felonies are murder, kidnapping, arson, and robbery. So if someone plans with others to commit those types of serious crimes, they could be looking at a second-degree conspiracy charge.

To be convicted under this law, the prosecution has to prove a few things:

• There was an agreement between the defendant and at least one other person to commit a Class A felony
• The defendant intended for the Class A felony to be carried out
• The defendant or the co-conspirators took some action to further the plan

It’s not enough to just talk about doing something illegal – for a conspiracy charge to stick, there needs to be evidence of steps taken to actually make it happen. But it also doesn’t matter if the planned crime never gets fully carried out. Just making concrete plans is enough.

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Legal Scenario: What Would You Do?

Scenario

You and two associates discussed plans to commit a class A felony drug trafficking operation across multiple New York counties, but you backed out before any drugs were actually moved. Police arrested everyone involved and charged you with Conspiracy in the Second Degree under Penal Law 105.15.

Can I still be convicted of conspiracy in the second degree even though I withdrew before the crime was actually carried out?

Attorney's Answer

Under New York Penal Law 105.15, conspiracy in the second degree is a class B felony that applies when a person agrees with one or more people to commit a class A felony. The critical issue is that the conspiracy charge is based on the agreement itself combined with an overt act — the underlying crime does not need to be completed for you to face charges. However, New York Penal Law 105.30 does provide a defense of renunciation if you can demonstrate that you voluntarily withdrew and made a substantial effort to prevent the crime from being committed. Given the severity of a class B felony charge, which carries up to 25 years in prison, building a strong renunciation defense with experienced counsel is essential to protecting your future.

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

Penalties and Sentencing

Conspiracy in the second degree is a Class B felony under New York law. The possible sentences if convicted include:

• 5 to 25 years in state prison
• Up to lifetime supervised release after prison
• Up to $5,000 in fines