Conspiracy charges are complicated. On the surface, a conspiracy is an agreement between two or more people to commit an illegal act. Police officers can make an arrest, and prosecutors can pursue charges even if the parties never commit the intended offense.
If you have been arrested and charged with conspiracy, it is crucial that you consult with a skilled attorney as soon as possible. A Manhattan conspiracy lawyer could help you fight back against the charge as well as any other accompanying accusations in your case.
Conspiracy as a Criminal Offense
In most cases, prosecutors must prove that a defendant committed a violation of a criminal statute in order to secure a conviction. However, a prominent exception to this concept exists in Manhattan’s laws prohibiting the formation of a conspiracy.
According to Kansas Statute § 21-5302, a conspiracy is an agreement between two or more people to commit a criminal offense. If the offense that the parties allegedly intend to commit is a misdemeanor, the conspiracy charge is a class C misdemeanor. If the alleged intended offense is a felony, the conspiracy charge will generally be two degrees lower than the original offense.
The Relevance of Overt Acts
Two individuals simply mentioning that they plan to commit a crime is not inherently illegal. A conviction requires a prosecutor to show that the two people committed an overt act towards the completion of that crime. For example, parties people may obtain weapons or a getaway vehicle.
It is also vital to remember that conspiracy charges may exist independently of any other criminal accusations. This usually occurs when an arrest happens during the middle of alleged planning. An experienced Manhattan attorney could explain the concept of overt acts as they pertain to conspiracy charges in more detail.
Withdrawal as a Potential Defense
It can be difficult to present a successful defense against conspiracy allegations. While it is possible to fight back against conspiracy charges, the law also provides a way for individuals to attempt to renounce their participation and gain criminal immunity.
In these situations, a member of a conspiracy admits that they were part of an agreement to commit an illegal act but states that they took adequate actions to withdraw before the crime occurred. Under Kansas Statute § 21-5302, individuals raising this defense must be able to show that they communicated to other members of the conspiracy that they wanted out of the arrangement. In addition, this must occur before any overt act to commit the crime takes place. A Manhattan conspiracy attorney could help to determine which defense plan brings the best chance for a positive result.
Discuss Your Case with a Manhattan Conspiracy Attorney
If you are facing allegations that you participated in a criminal conspiracy, you might be unsure of the best steps to take. You could be facing prison time and heft fines, both of which could impact your life greatly in the long term.
A Manhattan conspiracy lawyer could fight for you, assessing your case and helping you build a strong defense. Reach out to our office today to discuss your case with a dedicated professional.