To be convicted of conspiracy, the prosecutor will need to prove:
Between you and another person,
To commit an unlawful act,
Some overt act was done to further the conspiracy.
For purposes of conspiracy, You don’t have to agree to be the one robbing the bank. The agreement can be as simple as saying yes to driving the getaway car. But, simply knowing that a crime is going to occur, without agreeing to participate in that crime, is not conspiracy.
Between You and Another Person
You cannot be guilty of conspiracy by yourself. A conspiracy conviction requires you to agree with at least one other individual.
The purpose of the agreement between you and the other person must be to commit an unlawful act.
An overt act is something that is done to help the conspiracy. The overt act does not itself have to be illegal. For example, if two people agree to start trafficking drugs, going out and buying the scales would be an overt act. Buying scales is not an unlawful act, but because buying the scales has made drug trafficking more possible for the two people, this is enough to be considered an overt act.
Does the Plan Need to Be Completed to be Charged with Conspiracy?
No. You do not have to succeed in committing the unlawful act that you and your partner agreed to commit to be charged with conspiracy. However, if you do succeed in committing the unlawful act, you can be charged with both the unlawful act, and conspiracy.
Penalties for Conspiracy
If you are found guilty of conspiracy, you may face fines and imprisonment of up to five years. This is just for the conspiracy. You may face a longer sentence or more fines if you succeed in committing the unlawful act.
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