In Weld County, if two people plan to commit a crime and take a step toward furthering the plan of that criminal act, they could be charged with Conspiracy. Below, our Greeley top attorneys from the O’Malley Law Office discuss Conspiracy Laws and Conspiracy charges.
What is the Definition of Conspiracy, C.R.S. 18-2-201, in Greeley, Colorado, Courts?
(2) No person may be convicted of conspiracy to commit a crime, unless an overt act in pursuance of that conspiracy is proved to have been done by him or by a person with whom he conspired.
(3) If a person knows that one with whom he conspires to commit a crime has conspired with another person or persons to commit the same crime, he is guilty of conspiring to commit a crime with the other person or persons, whether or not he knows their identity.
(4) If a person conspires to commit a number of crimes, he is guilty of only one conspiracy so long as such multiple crimes are part of a single criminal episode.
(4.5) Conspiracy to commit any crime for which a court is required to sentence a defendant for a crime of violence in accordance with section 18-1.3-406 is itself a crime of violence for the purposes of that section.
It is important to note that the three things that are needed to be convicted of Conspiracy are: A) more than one person, b) the purpose is unlawful, 3) and some overt action was taken. The conduct and crime do not actually have to take place for Conspiracy to happen.
What is an “Overt Act” in a Conspiracy Charge in Weld County, Court?
For Conspiracy to be charged in Weld County, Court an “Overt Act” needs to occur. Talk or conversation of a crime is not enough to be charged with Conspiracy. To be guilty of Conspiracy, you need to engage in an act in furtherance of the underlying crime. This means that simple talk without action is not enough. Add planning-talk with one of the two persons involved going to purchase products to facilitate the crime, such as tools or supplies, and that is going to get you charged with Conspiracy. A further example of this occur when John and Bill were planning to rob a store and Bill went to a sporting goods store, and bought the masks to conceal their identities. The purchase of the masks is an “Overt Act,” and John and Bill could both be charged and convicted of Conspiracy.
What are the Sentence and Penalties of Conspiracy in Windsor and Eaton, Colorado?
In Windsor and Eaton, Colorado, the sentence for Conspiracy depends on the type of original crime that was to be committed, then the Conspiracy attaches and is charged as a crime classification down one level than the original crime. For instance, Conspiracy to commit a Colorado class 1 felony is a Colorado class 2 felony. Conspiracy to commit a class 1 misdemeanor is a class 2 misdemeanor. When there is Conspiracy to commit a criminal act and the crime takes place, you can be convicted of both Conspiracy and the crime that was committed. For example, Ken and Barb decide to set the flower shop Barb owns on fire to get the insurance money. They end up setting fire to the business and burning it down. They could both be charged with Conspiracy and Arson.
Defenses to Conspiracy and Why Hire a Top Weld County Attorney
Top Weld County Attorneys posses many defenses to a Conspiracy charge authorized by Colorado law, and each depends on the facts of your case. The skilled attorneys at the O’Malley Law Office will work hard to learn every aspect of your case and fight to get you the best outcome of your charges. Some defenses to a Conspiracy charge are:
- You know that a crime was discussed to be committed, but you did not agree to commit it.
- You try to stop or reject the crime from being committed.
- You were acquitted of the crime and the only evidence of the Conspiracy was the commission of the crime.
- You can point the government to those persons involved, and show your lack of participation