New Jersey Conspiracy Charges: What You Need to Know

Conspiracy charges in New Jersey can have serious implications, even if the planned crime never actually takes place. Understanding how conspiracy works under New Jersey law is crucial for anyone facing such allegations. This article provides an overview of key aspects of New Jersey conspiracy laws and defenses.

What is Criminal Conspiracy in New Jersey?

New Jersey’s conspiracy statute, N.J.S.A. 2C:5-2, defines criminal conspiracy as when a person agrees with another to commit a crime or aid in planning or committing a crime. The main elements of a conspiracy charge are:

• There must be an agreement between the defendant and at least one other person to commit a specific crime.
• The defendant must have intended to promote or facilitate the commission of that crime.
• An overt act must have been taken by one of the conspirators to further the conspiracy. This does not have to be the actual crime itself.

Unlike attempt charges in New Jersey, conspiracy does not require that the crime actually be committed – just planning and taking steps towards it is enough.

How Conspiracy Charges Are Graded

In New Jersey, conspiracy charges are graded at the same level as the crime the defendant allegedly conspired to commit, except:

• Conspiracy to commit a 1st degree crime is a 2nd degree offense
• Conspiracy to distribute or possess drugs with intent is always graded as a 3rd degree offense

For example, conspiracy to commit robbery would be graded as a 2nd degree crime just like robbery itself.

Some potential sentences for different levels of conspiracy charges are:

• 1st Degree: 10 to 20 years in prison and a fine up to $200,000
• 2nd Degree: 5 to 10 years in prison
• 3rd Degree: 3 to 5 years in prison and a fine up to $15,000
• 4th Degree: Up to 18 months in prison and a fine up to $10,000

Proving Criminal Conspiracy

Since conspiracy centers around an agreement, prosecutors will look for evidence of planning between the defendant and alleged co-conspirators. This evidence can include:

• Recordings, emails, text messages, or witnesses showing discussions about plans
• Actions like casing a location, gathering equipment, or tracking a target’s routines
• Admissions or confessions about the conspiracy

Defendants can still be charged even if they were not aware of all the other participants or did not know every detail of the plan. The key is showing their intentional participation and knowledge of the illegal purpose.

Consequences of a Conspiracy Conviction

The penalties for a conspiracy conviction depend on the level of the offense, but can include years in prison as well as large fines. Other consequences can include:

• Having a permanent felony record
• Difficulty finding employment
• Being barred from certain professions
• Losing civil rights like voting and gun ownership

Immigration status can also be impacted – conspiracy is considered a “crime involving moral turpitude” which can trigger deportation proceedings.

In some cases, it may be possible to have a conspiracy conviction expunged if the defendant avoids further criminal charges for a period of time. An attorney can advise whether expungement may be an option.

Takeaways

• Criminal conspiracy centers around an agreement to commit a specific crime – the crime itself does not need to occur.
• Charges are based on the level of crime conspired, except conspiracy to commit 1st degree crimes becomes 2nd degree.
• Defenses focus on lack of agreement or intent, entrapment, or preventing the crime from taking place.
• Conviction can result in prison time, fines, and collateral consequences like deportation and loss of rights.

Anyone charged with conspiracy in New Jersey needs an experienced criminal defense lawyer to protect their rights. Do not say anything to police and immediately contact an attorney to discuss your defense. The right legal strategy can help avoid or mitigate the very serious penalties these charges can bring.