Orange County Conspiracy Lawyer
Charged with Conspiracy in Irvine?
At the Law Office of Frances Prizzia, we understand that it can be difficult to interpret the legal meaning behind your criminal charges. The complexities of the criminal justice system are best understood under the guidance of a professional attorney, which is why our lead Orange County criminal lawyer has taken the time to further explain your charges and the penalties you'll face if a conviction is made.
Information About Penal Code 182
California Penal Code 182 very specifically states the circumstances under which a crime of conspiracy has been committed. As such, it is important to understand the brevity of allegations that have been made against you. Criminal conspiracy is only said to have been committed if the following circumstances are met:
- Two or more persons have mutually agreed to commit a crime
- One of the people involved in this agreement overtly acted beyond the agreement that was made
What can be particularly tricky about conspiracy crimes is the fact that the act of furtherance which was committed by another person does not need to involve criminal activity in and of itself. The act simply needs to be executed prior to the pre-determined time for which the original crime was scheduled to be committed.
Looking at Crimes of Conspiracy from a Legal Standpoint
Charges for the criminal act of conspiracy hinge on many factors, most of which require the interpretation of law enforcement professionals as well as legal professionals. The detailing of the definition of this crime significantly impacts its meaning, and thus, the way it is charged and convicted. Take, for example, the word "overt." Although a seemingly inconsequential part of the larger definition, this single word represents a lot more than might first meet the eye.
Overt actions that are made in crimes of conspiracy relate specifically to those behaviors which are enacted in order to accomplish a previously agreed-upon crime. Overt acts must be committed before the actual crime has been completed, and they must be actions that are made in addition to the original intent of the criminal plan that was devised. If you aren't an attorney, however, it is unlikely that you would be aware of intimate details such as these.
Additional circumstances must also be taken into consideration before a professional can confidently identify a criminal activity as conspiratorial in nature. Given the legal meaning behind the crime's official definition, there is a lot of room for subjection, and possibly even interpretation. Conspiracy crimes do not require that the overt, premature act be criminal, nor do they require that the original criminal plan be followed through with in the end. Furthermore, an explicit agreement between conspirators does not need to exist in order for a person's activity to be classified as conspiratorial.
The more it's examined, the more the definition of conspiracy is widened. A closer look at the meaning of the definition shows that conspiracy can include both criminal and non-criminal overt activities; it can involve the actual execution of the original plan, or it can be devoid of actual completion; it can be made by formal agreement, or it can be made in the absence of formal agreement. The lines are unclear, so it will be the job of a defense attorney to clarify the legal boundaries of your charges and the criminality behind the actions that were taken. Only then do you stand a chance of escaping conviction.
How Can Your Case Be Defended?
Searching for an Orange County lawyer for a conspiracy case? Building a defense on behalf of someone who has been accused of conspiracy is a complicated task given the complexity of the crime itself. This does not mean, however, that legal defense is impossible. In fact, there are a number of professional arguments and legal challenges that can be posed to a prosecuting attorney's criminal allegations. Specifically, many common methods of defense against conspiracy charges include utilization of one or more of the following:
- No agreement between two or more people ever existed, whether written or verbal
- No overt act was committed in furtherance of the pre-planned activity that was established
- The defendant prematurely withdrew from the conspiratorial plans that were made
- A false accusation was made
- A mistake of law was made
Escaping the penalties of conviction for a conspiracy crime requires the ability of your legal defender to prove that one of the above circumstances was at play when you were first accused of the crime. While difficult, this is not an impossible task, especially when you enlist the defensive representation of the right attorney. Therefore, we urge you to waste not another minute before contacting a professional at our office for legal advice. Under our guidance, you can move in the right direction toward the freedom you stand to lose if a conviction is ultimately made.