Law Governing Conspiracy Charges in New Jersey

Conspiracy charges in New Jersey are governed by N.J.S.A. 2C:5-2, which is part of the New Jersey Code of Criminal Justice. This law makes it a crime for a person to agree with one or more other people to engage in criminal conduct or aid others in planning or committing a crime.

What is Criminal Conspiracy?

Criminal conspiracy involves two or more people agreeing to commit a crime or assist in criminal activity. Under N.J.S.A. 2C:5-2, a person is guilty of conspiracy if:

• They agree with one or more people that they will engage in criminal conduct or attempt/solicit a crime.
• They agree to help others plan or commit a crime or attempt/solicit a crime.

To be convicted of conspiracy, the prosecution must prove:

• An agreement existed between the defendant and at least one other person to commit a specific crime.
• The defendant intended to promote or facilitate the commission of that crime through the agreement.

The crime that is the object of the conspiracy does not need to actually be committed for a conspiracy charge to apply. The agreement itself is the key element.

Scope of Conspiratorial Relationship

Under the law, a defendant can be guilty of conspiracy even if they are unaware of the identities of all the other co-conspirators, as long as they know at least one other person was involved. This is sometimes called “chain conspiracy.”

For example, if A conspires with B, and B has also conspired with C to commit the same crime, A can be charged with conspiring with both B and C, even without knowing about C.

Overt Act Requirement

For most conspiracy charges in New Jersey, the prosecution must prove an “overt act” was committed by one of the co-conspirators to further the criminal agreement. However, this does not apply to conspiracies to commit first- or second-degree crimes.

Grading the Offense

Conspiracy is graded as the same degree offense as the most serious crime that was the object of the conspiracy. For example:

• Conspiracy to commit murder (1st degree crime) = 2nd degree conspiracy
• Conspiracy to commit robbery (2nd degree crime) = 2nd degree conspiracy
• Conspiracy to commit theft (3rd degree crime) = 3rd degree conspiracy

There are a few exceptions, such as leader of organized crime conspiracy.

Defenses Against Conspiracy Charges

• No actual agreement – The defense can argue there was no real agreement between the defendant and alleged co-conspirators to commit a crime.
• Renunciation – In certain cases, a defendant can avoid a conspiracy conviction by proving they renounced the conspiracy and took steps to prevent the crime from occurring. This requires informing law enforcement and testifying against co-conspirators.
• Withdrawal – Like renunciation, a defendant can claim they withdrew from the conspiracy before an overt act was done and took affirmative steps to prevent it.
• Lack of intent – The defense may argue the defendant never intended for a crime to be committed and their involvement was misunderstood.
• Entrapment – If the conspiracy involved undercover police or informants, the defense could potentially claim the defendant was entrapped into joining the conspiracy.
• Duress – The defendant can argue they only agreed to the conspiracy because of threats of force against them or loved ones.