A conspiracy occurs when multiple people work together to plan and execute a crime.
The penalties for participating in a conspiracy depend on the underlying crime. In the state of California, a charge of conspiracy to commit murder typically carries the same potential penalties as a first-degree murder charge, which can be some of the most severe.
If you believe you are under investigation or have been charged with murder conspiracy, it’s crucial that you seek the assistance of a criminal defense attorney right away.
Conspiracy to commit murder – California Penal Code 182 PC
Conspiracy is defined under California Penal Code 182 PC as an agreement between two or more people to commit a crime where at least one of the parties involved acts in furtherance of that crime. Conspiracy to commit murder is legally defined by three elements.
The elements of the crime are what the prosecutor must prove for a defendant to be found guilty.
A person who is guilty of conspiracy to commit murder:
- Has intentionally entered into an agreement to commit murder,
- Committed or participated in an act in furtherance of the intended murder, and
- Demonstrated intent to commit the agreed upon crime
The act that is carried out in furtherance of the crime does not need to be illegal on its own, it only needs to have occurred between having made the agreement and committing the crime, for example, purchasing a gun or other weapon.
There must be adequate evidence to demonstrate that the agreement was deliberately made, and that the intention was to kill another person or people. If, for example, one of the parties believes that the agreement was a joke and that the group will not actually harm the proposed victim, then that defendant is not guilty of murder conspiracy.
It is important to note that the murder does not need to occur for defendants to be guilty of murder conspiracy. So long as they entered into an explicit or inferred agreement to kill and committed an overt act in furtherance of that intention, they are in violation of California Penal Code 182 PC. Defendants who are found guilty of murder conspiracy may face penalties similar to a murder conviction, even if the intended murder was never completed.
Murder conspiracy penalties and sentencing
Under California Penal Code 182 PC, conspiracy to commit murder is a felony crime. A defendant who is convicted of conspiracy to commit murder may be penalized in the same manner and to the same extent as if they were convicted of murder.
Typically, the sentencing for murder conspiracy is the same as first-degree murder and may include:
- 25 years to life in prison with the possibility of parole, or
- Life in prison without parole
While the death penalty is technically considered a potential penalty for first-degree murder (and, therefore, murder conspiracy), the state of California has halted capital punishment since 2019.
Legal defenses against murder conspiracy charges
If you’re facing murder conspiracy charges, there are legal defense options available to you. A California criminal defense attorney with expertise in homicide and other serious crimes can examine the facts of your case and recommend the most effective defense strategies. Some of the most common defenses against charges of conspiracy to commit murder include:
- No agreement – If you weren’t involved in an agreement, or did not knowingly agree to commit a crime, then you are not guilty of conspiracy.
- Lack of knowledge or intent – You may not be convicted of murder conspiracy if you were unaware that a plan you agreed to involved murder or you had no intent to commit a crime. For example, if you and another person planned to confront their ex-partner but you were unaware that they intended to physically harm and kill that person rather than to verbally confront them, then you did not have adequate knowledge or intent.
- Withdrawal – If you initially participated in a plan to commit murder but withdrew from participating prior to any action being taken to further that plan, you may be able to use that fact as a legal defense, provided you adequately communicated your withdrawal to the other conspirator(s).
- False accusation – If you’ve been falsely accused of participating in a conspiracy, your attorney can help you to gather evidence to prove your innocence.
California murder conspiracy attorney
Conspiracy cases are complex, especially when the underlying crime is homicide.
If you or someone you know is under investigation or has been charged with conspiracy to commit murder, only a qualified criminal defense attorney has the specialized knowledge and expertise to help you find the best possible outcome in your case.
As one of California’s top-rated criminal defense lawyers, Robert M. Helfend has experience representing clients facing serious charges like conspiracy and homicide. He and his team know the importance of having an aggressive defense strategy and are dedicated to finding their clients the best possible outcome. Call us today for a free initial consultation 800-834-6434.
Published August 13, 2024.