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New Jersey Section 2C:5-2 – Conspiracy.

New Jersey Section 2C:5-2 – Conspiracy

Conspiracy is a serious criminal charge in New Jersey that can lead to severe penalties if convicted. Section 2C:5-2 of the New Jersey Code of Criminal Justice defines the crime of conspiracy and outlines the elements required for a conviction.

What is Conspiracy Under New Jersey Law?

In simple terms, conspiracy involves two or more people agreeing to commit an unlawful act together. Under 2C:5-2, a person is guilty of conspiracy if they:

• Agree with one or more people to engage in conduct that constitutes a crime or an attempt or solicitation to commit a crime, OR
• Agree to aid one or more people in planning or committing a crime or attempting or soliciting a crime.

There are a few key aspects of conspiracy charges in New Jersey:

• The “agreement” to commit a crime can be verbal, written, or implied based on the circumstances. There does not need to be a formal, documented agreement.
• The crime being planned does not actually have to be committed for a conspiracy charge. The agreement alone is enough.
• If someone conspires to commit multiple crimes, they can be charged with a single conspiracy as long as the crimes were part of the same agreement or relationship.
• Conspiracy charges are typically the same degree as the underlying crime. For example, conspiracy to commit robbery would be a second-degree crime like robbery itself.

Overt Acts

For most conspiracy charges in New Jersey, prosecutors must prove an “overt act” was committed in furtherance of the conspiracy. An overt act is a concrete step taken to advance the planned crime.

However, for first and second-degree crimes, drug distribution crimes, and leader of organized crime charges, no overt act is required. The agreement itself is sufficient.

Scope of Conspiratorial Relationship

Under 2C:5-2, a person can be guilty of conspiracy even if they did not know every member of the conspiracy. As long as they knew others were involved and that their role was necessary for the crime, they can be held responsible.

This is sometimes called “chain conspiracy.” It prevents people from avoiding responsibility by claiming they did not know all the members of the group.

Renunciation Defense

New Jersey law does provide an affirmative defense to conspiracy charges when the defendant completely renounces the criminal purpose.

To claim this defense, the defendant must prove they:

• Informed law enforcement about the conspiracy after forming the agreement
• Actively thwarted commission of the planned crime
• Did so under circumstances showing complete and voluntary renunciation

However, the renunciation defense does not apply if any overt act was already committed in furtherance of the conspiracy.

Penalties for Conspiracy Convictions

Convictions for conspiracy carry severe penalties in New Jersey:

• First-degree conspiracy: 10 to 20 years in prison
• Second-degree conspiracy: 5 to 10 years in prison
• Third-degree conspiracy: 3 to 5 years in prison
• Fourth-degree conspiracy: Up to 18 months in prison

Fines up to $150,000 may also be imposed depending on the degree of the charge. Conspiracy convictions can negatively impact someone’s life for years through incarceration, fines, and a permanent criminal record.

Defending Against Conspiracy Charges

While conspiracy charges should always be taken seriously, there are often defenses an experienced criminal defense attorney can raise on a client’s behalf:

• No actual agreement – The discussion was just idle talk, not a real agreement.
• Entrapment – Law enforcement induced the defendant to commit a crime they otherwise would not have.
• Lack of intent – The defendant did not really intend for the crime to be committed.
• Misidentification – The defendant was not involved at all.
• Duress – The defendant only agreed due to threats of harm.

An attorney can also negotiate with prosecutors for reduced charges or pre-trial intervention to avoid a criminal conviction.

Anyone charged with conspiracy in New Jersey should exercise their right to an attorney immediately. An experienced lawyer can carefully examine the evidence and determine how best to fight the charges or mitigate the penalties if convicted. Conspiracy should never be taken lightly given the lasting impact a conviction can have on someone’s future.

Examples of Conspiracy Cases in New Jersey

There have been many high-profile conspiracy prosecutions in New Jersey demonstrating how seriously these charges are taken:

• In 2017, over a dozen public officials in Ocean County were convicted of conspiracy, official misconduct, and other charges related to a scheme of trading promotions and pay raises for political favors and personal services.
• In 2015, two former aides to Governor Chris Christie were convicted of conspiracy for orchestrating traffic jams at the George Washington Bridge to punish a mayor who did not endorse Christie.
• In 2011, 46 alleged gang members were charged with conspiracy to commit racketeering along with drug trafficking, violent crimes, and weapons offenses as part of a major sweep targeting organized street gangs.
• In 2009, three rabbis and several others were convicted of conspiring to launder millions of dollars through Jewish charities run out of Deal, NJ. Prosecutors used witness testimony, secret recordings, and other evidence to prove the broad conspiracy.

These cases and many others like them show that New Jersey takes a tough stance on conspiracy charges. Anyone facing such charges needs an experienced criminal defense lawyer to protect their rights and future. The consequences of a conviction are simply too great to leave to chance.