FOLLOW US :
212-300-5196

White Glove Service. Excellent Results. Strong Reputation.

Read Our Reviews

NY Penal Law § 105.17: Conspiracy in the First Degree

July 4, 2020 Federal Criminal Attorneys

If you make plans with one or more other people to commit a crime, and you take steps in furtherance of such a plan, according to the criminal code, you have already committed a crime.  The crime of conspiracy entails planning to or actually forming an arrangement with others to take part in a criminal act. Six conspiracy offenses are covered in the New York criminal code, including specific offenses that cover situations in which an adult conspires with a minor to commit a felony. Under New York Penal Law § 105.17 you have committed the crime of conspiracy in the first degree if you are over 18 years old and you plan with a person who is less than 16 years old to commit a Class A felony. Examples of Class A felonies include murder in the first degree, arson in the first degree, kidnapping in the first degree, and operating as a major drug trafficker. In order to be convicted of conspiracy, there has to be more than just a conversation about committing a Class A felony. You or another participant in the purported conspiracy has to commit at least one overt act in furtherance of that conspiracy pursuant to New York Penal Law § 105.17 for you to be convicted of this crime.

Example

One afternoon, twenty-one year old Rico caught his girlfriend of 3 years in their bed with another man. Rico was extremely hurt and angry about it.  He threatened to murder both his girlfriend and the other man. When Rico returned home, he told his little brother, 15 year old Reggie, the story of catching his girlfriend. Rico, still full of rage, asked Reggie to assist him in killing his girlfriend. As a joke, Reggie agreed. Later on , over the course of the evening as they played video games, Reggie and Rico talked about several different ways that they could commit the murder and get away with it. The following day, Reggie mentioned his discussions with Rico to a friend at school. Out of concern, the friend called the police. Rico more than likely could not be successfully prosecuted for conspiracy in the first degree. This is because neither he nor Reggie made  a lot of “covert” views.  The statute also provides there must have been some overt steps in furtherance of the plan to murder Rico’s girlfriend.

Offenses that are Related

Conspiracy in the sixth degree: New York Penal Law § 105.00

Conspiracy in the fifth degree: New York Penal Law § 105.05

Conspiracy in the fourth degree: New York Penal Law section 105.10

Conspiracy in the third degree: New York Penal Law § 105.13

Conspiracy in the second degree: New York Penal Law § 105.15

Possible Defenses

In order to successfully prosecute you for conspiracy in the first degree, the prosecutor must show evidence that you or another person involved in the conspiracy committed an overt act in furtherance of the conspiracy. For example, if you and your supposed co-conspirators were just talking but had not taken any other steps toward putting the plan into action, then you could successfully challenge the first degree conspiracy charge against you.

The Sentence

In a category with murder in the first degree, arson in the first degree, and kidnapping in the first degree, the crime of conspiracy in the first degree is one of the few crimes in the New York criminal code that can be categorized as  a Class A-I felony. What this means to you is that if you are convicted, the judge could sentence you to life in prison.

NY Penal Law § 105.15: Conspiracy in the Second Degree

If you make plans with one or more other people to commit a felony, and you take steps in furtherance of such a plan, according to the criminal code, you have already committed a crime.  The crime of conspiracy entails planning to or actually forming an arrangement with one or more other people to take part in a criminal act. Six conspiracy offenses are covered in the New York criminal code.  Pursuant to New York Penal Code § 105.15, you will have committed the crime of conspiracy in the second degree if you make plans with at least one other individual to commit a Class A felony. 

Examples of Class A felonies include arson in the first degree, murder in the first degree, kidnapping in the first degree, and operating as a major drug trafficker.

In order to be convicted of conspiracy, there has to be more than just a conversation about committing a Class A felony. You or another participant in the purported conspiracy has to commit at least one overt act in furtherance of that conspiracy pursuant to New York Penal Law § 105.15 for you to be convicted of this crime.

For Example

Hiro is a notorious drug trafficker. Shamar was working for Hiro, selling drugs on the street. At some point, Hiro was informed that Shamar had been stealing both drugs and money from him. Hiro put a call out to Giancarlo.  When he reached Giancarlo, Hiro asked him to make Shamar an example to everyone else in the cartel by killing Shamar. Giancarlo and Hiro collaborated on creating a plan as to how to take Shamar out. Hiro handed Giancarlo a firearm. Giancarlo used that firearm to shoot Shamar in the head.  By shooting Shamar, who died from the wound, Giancarlo committed the crime of murder in the first degree. Hiro could get prosecuted for conspiracy in the second degree, because he planned the murder of Shamar right along with Giancarlo.

Offenses that are Related

Conspiracy in the sixth degree: New York Penal Law § 105.00

Conspiracy in the fifth degree: New York Penal Law § 105.05

Conspiracy in the third degree: New York Penal Law § 105.13

Conspiracy in the first degree: New York Penal Law § 105.17

Possible Defenses

So that they can win a successful prosecution against you for conspiracy, the prosecutor needs to demonstrate that you or another individual involved in the conspiracy completed at least one overt act in furtherance of the conspiracy. If the prosecutor has no evidence to show that this is true, then you cannot be convicted of conspiracy.

The Sentence

Conspiracy in the second degree is categorized as a Class B felony. What this means to you is that if, you get convicted, the judge can sentence you to up to 25 years in prison, 5 years of probation, and the payment of a substantial fine.

NY Penal Law § 105.13: Conspiracy in the Third Degree

If you make plans with one or more other people to commit a crime, and you take steps in furtherance of such a plan, according to the criminal code, you have already committed a crime. The crime of conspiracy entails planning to or actually forming an arrangement with one or more other people to take part in a criminal act. In order to be convicted of conspiracy, there has to be more than just a conversation about committing a crime. You or another participant in the purported conspiracy has to commit at least one overt act in furtherance of that conspiracy. Six conspiracy offenses are covered in the New York criminal code, including specific laws that address an adult conspiring with a minor child to commit a felony offense. Pursuant to New York Penal Law § 105.13, you have committed the crime of conspiracy in the third degree if:

  1. You make plans with at least one other individual to commit a Class B or C felony and,
  2. You are over 18 years of age and you make plans to commit a felony with a person who is under the age of 16.

For Example

Logan is walking with a few of his friends down a street. He sees a woman holding a handbag. Without saying anything to his friends, Logan suddenly knocks the woman down and attempts to snatch her handbag. She refuses to give Logan the bag. Logan then pulls a gun out of his pocket and points towards her. At this point, his friends begin to kick the woman in an effort to get her handbag. The woman suffers serious injuries as a result of the attack. In this scenario, neither Logan nor any of his friends could be charged with conspiracy in the fourth degree.  This is because there was no agreement to commit the crime. However, each of them could separately get slapped with an assault charge, since they all participated in the assault of the woman.

Offenses that are Related

Conspiracy in the sixth degree: New York Penal Law § 105.00

Conspiracy in the fifth degree: New York Penal Law § 105.05

Conspiracy in the second degree: New York Penal Law § 105.15

Conspiracy in the first degree: New York Penal Law § 105.17

Possible Defenses

So that they can win a successful prosecution against you for conspiracy, the prosecutor needs to demonstrate that you or another individual involved in the conspiracy completed at least one overt act in furtherance of the conspiracy. If the prosecutor has no evidence to show that this is true, then you cannot be convicted of conspiracy.

The Sentence

Conspiracy in the third degree is categorized a Class D felony. What this means to you is that if you are convicted, your sentence could include as much as 7 years in prison, 5 years of probation, and the payment of a substantial fine.

NY Penal Law § 105.10: Conspiracy in the Fourth Degree

If you make plans with one or more other people to commit a felony, and you take steps in furtherance of such a plan, according to the criminal code, you have already committed a crime.  The crime of conspiracy entails planning to or actually forming an arrangement with one or more other people to take part in a criminal act. It is worth noting that it is not necessary for a formal written agreement to exist. All that is needed for this charge to be valid is an agreement (verbal or otherwise) and some overt act that is carried out in furtherance of the plan to commit a crime. Six conspiracy offenses are covered in the New York penal code.The prosecutor will determine the specific conspiracy charge that you will face on the basis of

 your age, the age of those with whom you conspire, and the crime involved. 

  1. What age you are, 
  2. the ages of other conspirators, and 
  3. the criminal offense you are conspiring to commit. 

Pursuant to New York Penal Law § 105.10, you will have committed the crime of conspiracy in the fourth degree if:

  1. You make plans with at least one other individual to commit a Class B or C felony,
  2. You are over the age of 18 and you make plans to commit a felony with a person who is under the age of 16, or
  3. You make plans to commit the crime the of money laundering as delineated in New York Penal Code § 470.10

An Example

Keenan is walking with a few of his friends down a street. He sees a woman holding a handbag. Without saying anything to his friends, Keenan suddenly knocks the woman down and attempts to snatch her handbag. She refuses to give Keenan the bag. Keenan then pulls a gun out of his pocket and points towards her. At this point, his friends begin to kick the woman in an effort to get her handbag. The woman suffers serious injuries as a result of the attack. In this scenario, neither Keenan nor any of his friends could be charged with conspiracy in the fourth degree.  This is because there was no agreement to commit the crime. However, each of them could separately get slapped with an assault charge, since they all participated in the assault of the woman.

Offenses that are Related

Conspiracy in the sixth degree: New York Penal Law § 105.00

Conspiracy in the fifth degree: New York Penal Law § 105.05

Conspiracy in the third degree: New York Penal Law § 105.13

Conspiracy in the second degree: New York Penal Law § 105.15

Conspiracy in the first degree: New York Penal Law § 105.17

Possible Defenses

If you did not make any arrangements with another person to commit a criminal offense, then you have a plausible defense against a conspiracy charge. For example, if you, along with another person independently decide to take part in the same crime, there was no conspiracy. That said, you each could very well face criminal charges on the basis of your individual participation in a crime.

An alternative defense would be the absence of an overt act in furtherance of the arrangements made to commit a crime. Pursuant to New York Penal Code section 105.10, in order to charge someone with conspiracy, there has to be an allegation of some overt act.

The Sentence

Conspiracy in the fourth degree is categorized as a Class E felony. What this means to you is that if you are convicted, your sentence could include as much as 4 years in prison, plus 5 years of probation, and a substantial fine to pay.

NY Penal Law § 105.05: Conspiracy in the Fifth Degree

If you make plans with one or more other people to commit a felony, and you take steps in furtherance of such a plan, according to the criminal code, you have already committed a crime.  The crime of conspiracy entails planning to or actually forming an arrangement with at least one other person to take part in a criminal act. Six conspiracy offenses are covered in the New York penal code. The prosecutor will decide the specific conspiracy charge that you will face lon the basis of your age, the age of those with whom you conspire, and the crime involved. Conspiracy in the fifth degree is one of the two misdemeanor conspiracy offenses. Pursuant to New York Penal Law section 105.05, you have committed the crime of conspiracy in the fifth degree if:

  1. Intending to commit a felony, you make arrangements with one or more people to cooperate in the commission of that felony, or
  2. You are older than 18 years of age, you have intentions of committing a crime, and you make arrangements with one more individuals who are under 16 years of age to commit that crime.

An Example

Julio, who was 19 years old, and his 15 year old brother, Jordan, collaborated on a plan to rob a local convenience store. Over the course of a few weeks, they went to the store often, scoping it out to understand the store’s traffic patterns and the habits of the workers there. The brothers also illegally purchased 2 firearms to use for the robbery. After weeks of planning and reconnaissance, they finally pulled off the hold up of the convenience store using masks and guns. They made off with $500 in cash. Nevertheless, they were both apprehended several days after. On top of other charges, Julio could face prosecution for conspiracy in the fifth degree, because he was over 18 years old and he had planned the felony with a child who was under 16 years old.

Offenses that are Related

Conspiracy in the sixth degree: New York Penal Law section 105.00

Conspiracy in the fourth degree: New York Penal Law section 105.10

Conspiracy in the third degree: New York Penal Law section 105.13

Conspiracy in the second degree: New York Penal Law section 105.15

Conspiracy in the first degree: New York Penal Law section 105.17

Possible Defenses

If you did not make any arrangements with another person to commit a criminal offense, then you have a plausible defense against a conspiracy charge. In addition, if you took part in planning the crime under duress, you could not be successfully prosecuted on a conspiracy charge. For example, if a person forced you to participate in the crime by threatening to cause you or a third party some kind of physical harm, then the prosecutor would have a difficult time proceeding with a conspiracy case against you.

Sentence

As a Class A misdemeanor, if you get convicted on a charge of conspiracy in the fifth degree, the judge may sentence you to a jail term of up to a year, a probation term of up to 3 years, and you may be ordered to pay a fine.

NY Penal Law § 105.00: Conspiracy in the Sixth Degree

If you make plans with one or more other people to commit a crime, and you take steps in furtherance of such a plan, according to the criminal code, you have already committed a crime. The crime of conspiracy entails planning to or actually forming an arrangement with others to take part in a criminal act.  Six conspiracy offenses are covered in the New York criminal code. The prosecutor will decide the specific conspiracy charge that you will face on the basis of 

  1. What age you are, 
  2. the ages of other conspirators, and 
  3. the criminal offense you are conspiring to commit. 

Conspiracy in the sixth degree is one of the misdemeanor  conspiracy offenses and is the least serious of them.  You have committed the crime of conspiracy in the sixth degree under New York Penal Law section 105.00 if, with intent to commit a crime, you arange with one or more other people to actually commit that crime.

Example

Todd and Sean wanted some new video games, but they did not have enough money to pay for the ones they wanted to get. When efforts to raise the money didn’t pan out, they worked out a plan as to how they would shoplift the games from a nearby video game shop. While Todd distracts the salesperson in the shop, Sean would slip a game cartridge into his pocket. Both in agreement with the plan, Todd and Sean walk to the store.  As they had conspired to do, they entered the shop at different times. Todd then ask the lone salesperson numerous questions about various games. In this scenario, Todd and Sean could both be prosecuted for conspiracy in the sixth degree even if they carry out the shoplifting as planned.

Offenses that are Related

Conspiracy in the fifth degree: New York Penal Law section 105.05

Conspiracy in the fourth degree: New York Penal Law section 105.10

Conspiracy in the third degree: New York Penal Law section 105.13

Conspiracy in the second degree: New York Penal Law section 105.15

Conspiracy in the first degree: New York Penal Law section 105.17

Possible Defenses

If you did not make any arrangements with another person to commit a criminal offense, then you have a plausible defense against a conspiracy charge. For example, if you, along with another person independently decide to take part in the same crime, there was no conspiracy. That said, you each could very well face criminal charges on the basis of your individual participation in a crime.

An alternative defense would be the absence of an overt act in furtherance of the arrangements made to commit a crime. Pursuant to New York Penal Code section 105.00, in order to charge someone with conspiracy, there has to be an allegation of some overt act.

In addition, if you took part in planning the crime under duress, you could not be successfully prosecuted on a conspiracy charge. For example, if a person forced you to participate in the crime by threatening to cause you or a third party some kind of physical harm, then the prosecutor would have a difficult time proceeding with a conspiracy case against you.

The Sentence

As a Class B misdemeanor, if you get convicted of conspiracy in the sixth degree, the judge may sentence you to a jail term of up to 90 days, a probation term of up to 1 year, and you may be ordered to pay a fine.

FREE CONSULTATION

Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

White Glove Service

We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.

Get In Touch

Schedule Your Consultation

Los Angeles

555 W 5th St 35th floor, Los Angeles, CA 90013

212-300-5196



get directions

Queens

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196



get directions

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196



get directions

Brooklyn

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196



get directions

Call Us