A conspiracy conviction can have serious, life-changing consequences even if you never followed through on the crime you were accused of planning. If you have been charged with conspiracy or believe you are a suspect, meet with a Newark conspiracy lawyer as soon as possible. Your criminal defense attorney could challenge any weak evidence against you, highlight applicable mitigating factors, and help you avoid mistakes that can hurt your case.
New Jersey Statute 2C:5-2 defines conspiracy as making a serious plan with at least one other person to commit a crime. For less serious crimes, conspirators must perform an overt act related to the planned crime to be charged. An overt act refers to any concrete step taken toward putting the criminal plan into action. For example, buying supplies or arranging an alibi could be considered an overt act. If the conspiracy involves a first- or second-degree crime or the possession of a controlled substance with intent to distribute, an overt act is not required for conviction. If there is one plan to commit multiple crimes, participants will only be charged with one count of conspiracy.
According to New Jersey Statute 2C:2-4, a person charged with conspiracy is usually charged with the same degree as the planned crime. For example, low-value shoplifting is a fourth-degree crime, so conspiracy to shoplift would be a fourth-degree conspiracy charge, potentially resulting in up to 18 months in prison and a fine of up to $10,000. Second-degree crimes can result in a five to 10-year sentence and a fine of up to $150,000.
As a Newark attorney can further explain, first-degree crimes are the only exception to this same-degree rule. Most first-degree plans are charged as second-degree conspiracy, except for murder and terrorism, which produce a first-degree conspiracy charge. Conspiracy to commit murder results in a minimum of a 30-year sentence.
Evidence is often unclear in conspiracy cases because the planned crime has not been committed or there is no actual evidence of the conspiracy and the State is relying on circumstantial evidence. An attorney could review all the evidence against you to ensure it is admissible in court. They could also look for weak evidence that could be used to poke holes in the prosecution’s argument. If there is strong evidence against you, a lawyer could negotiate a plea deal in which you accept guilt for a lower degree of conspiracy. Your lawyer could also guide you through any conversations with the police. Being charged with a crime is extremely stressful, and it is very easy to say something to the police that implies guilt or otherwise hurts your case. Hiring a Newark lawyer reduces your chance of making this type of mistake after being charged with conspiracy.
If charged with conspiracy, you may be facing serious consequences, including prison time and a substantial fine if you are convicted. Hiring an experienced Newark conspiracy lawyer could help you avoid mistakes and get the best possible outcome in your case. An attorney could also help you understand what to expect while fighting for your freedom. Contact the Law Office of Eric M. Mark to discuss your conspiracy case today.
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