San Diego Conspiracy Attorney
You are at great risk of being convicted of a serious crime that you may not have had any involvement in. Many are spending time behind bars simply because the criminal lawyer failed to present arguments that won over the jury in the case. Don't take chances with your freedom. Your first and most important action must be to retain the best San Diego criminal attorney you can find.
Look for these specific qualities and credentials:
You will find all of these qualities when you work with jD LAW, P.C. Attorney James N. Dicks focuses strictly upon criminal law, and he has garnered a reputation as one of the top criminal attorneys in the San Diego area. He has achieved many notable victories in his years defending the criminally accused. He has served as a former police officer detective and has tried hundreds of criminal cases.
Reach out for seasoned counsel by scheduling an initial meeting.
Within the State of California, conspiracy is defined as the act of planning to commit a crime and preparing to carry it out. Conspiracy charges do not have to include the hypothetical crime itself, only the agreement to commit a crime and the actions that could have led to the crime.
Examples of conspiracy crimes can include:
- Agreeing with another individual to rob a store and purchasing a weapon and masks
- Planning to assault a friend’s enemy and following them at night
- Working with another individual to manufacture and distribute recreational drugs and purchasing the equipment to do so
Because of the fluidity of conspiracy charges, it is considered a wobbler in California. This means that conspiracy charges can be either misdemeanors or felonies, depending on what crime you are being charged with conspiring. To the prosecution, conspiracy crimes are penalized to the same extent as the actual crime, meaning you can face significant jail time even if you never committed the crime.
Often, individuals convicted of conspiracy to commit a misdemeanor are charged with a misdemeanor crime, and the same can be said about conspiracy to commit a felony. However, if a conspiracy to commit a misdemeanor involves a plan to harm or hut an individual, the charges can shift from misdemeanor to felony.
The state allows for a conspirator in a felony crime to face the same penalties as the perpetrator. When there have been several felonies committed and a single charge of conspiracy, state law mandates the penalty imposed must be for the most serious of the crimes. Crimes filed in various degrees allow for the accused to be charged with different degrees of the crime, except in the case of conspiracy to commit murder, in which case the defendant will be charged with first degree murder.
Punishment can include the following:
- Years behind bars in state prison
- Fines as high as $10,000
- Up to $25,000 for conspiracy to commit identity theft
If it is believed you conspired in the criminal act, you will face charges equal to those filed against the perpetrator of the crime. The consequences of a conviction could be devastating.
In order to prove a person is guilty of conspiracy, the prosecutor must establish beyond a reasonable doubt that the defendant committed one or more overt acts that contributed to the commission of the felony crime. In cases in which it is alleged that the defendant is an active participant in any street gang and has willfully promoted, furthered, assisted or has benefited from any criminal conduct undertaken by that gang, the individual can be charged with conspiracy and subject to more severe punishments than other conspiracy crimes.
At first glance, conspiracy charges may appear difficult to defend against because of the vague nature of the law, but there are some key strategies that a skilled criminal defense attorney can employ to prove your innocence, including explaining to the jury that:
- You did not agree to commit the crime
- You did not intend for or expect the crime to be committed
- Neither your nor any other co-conspirators took overt actions to commit the crime
- You withdrew from the conspiracy
While conspiracy is defined as planning to commit a crime, San Diego courts will focus on two key aspects when pursuing a conviction: agreement and overt act. Co-conspirators must both agree to commit a crime and commit an overt act that can lead to the crime. Your criminal defense attorney will focus diligently on disproving these two aspects of your case in your defense.
Are you searching for an aggressive defender that you can trust? You have come to the right place! It is advised that you connect with jD LAW, P.C. at (760) 630-2000 at once if you are facing charges or are under investigation in a conspiracy case. Our early involvement could be highly beneficial, and efforts can be made to get the charges dismissed as a first legal action, based upon the facts in the case.
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