Conspiracy is the act of agreeing with someone else to commit a crime. Prosecutors often bring conspiracy charges in conjunction with other charges related to an alleged criminal act.
A conspiracy charge is a serious matter that carries significant penalties upon conviction, making it critical that you work with a skilled attorney on your defense. If you are accused of conspiring with others to commit a crime, call a Chandler conspiracy lawyer at the Grand Canyon Law Group right away. With our legal knowledge and experience, we can help you defeat these charges and protect your way of life.
Arizona Revised Statutes §13-1003 defines a conspiracy as an agreement between two or more people to commit a crime, combined with at least one party to the agreement taking a step toward committing the act. However, action toward committing the crime is not necessary if the alleged agreement involved arson, first-degree burglary, or a felony directed toward a person.
A person could face a conspiracy charge simply for verbally agreeing with someone else to commit a crime, even if they did not know what the other person did in furtherance of the offense. A crime need not have taken place—a person could be convicted of conspiracy even if the conspirators never committed a crime.
Prosecutors often use conspiracy charges strategically. They might charge a person with criminal conspiracy to induce them to share information about others allegedly involved in planning the crime. People who had little to do with the alleged criminal plan might face significant prison time if convicted of conspiracy.
A hardworking lawyer at our firm could examine the evidence and advise a person accused of conspiracy on whether fighting the charge or cooperating with prosecutors might lead to the best result.
The state has a complex system for determining the penalties in criminal cases. A court must consider multiple factors when determining a sentence within a range set by the law, depending on the classification of the crime.
Felonies in the state range from Class 1 for the most serious, like murder, to Class 6 for the least serious felonies, including impersonation, indecent exposure to a minor, and possession of burglary tools. Class 6 felonies could be prosecuted as misdemeanors at the prosecutor’s discretion.
Within each felony classification, some crimes are considered dangerous while others are considered non-dangerous. For example, aggravated assault, kidnapping, second-degree burglary, and cultivating four or more pounds of marijuana are all Class 3 felonies. The former two are considered dangerous crimes and carry harsher penalties than the latter two, which are non-dangerous crimes.
First-offenders usually receive lighter sentences than people with criminal histories. Harsher sentences apply to people with historical prior felony convictions. A Chandler conspiracy attorney could explain whether a prior conviction counts as a historical felony conviction in a specific case.
A court must consider mitigating and aggravating circumstances when imposing a sentence. Mitigating factors include the defendant’s age, character, ability to understand the consequences of their action, and evidence that they acted under duress. Aggravating factors that a court could consider are the victim’s age or disability, whether physical harm was threatened or inflicted, whether the defendant was armed, and the value of property stolen during the crime.
A person convicted of conspiracy faces the same penalties they would face if they were convicted of the crime they were allegedly planning. A judge will use the process outlined above to determine an appropriate sentence in a specific case.
For example, if a first offender is convicted of conspiracy to commit second-degree robbery, a non-dangerous Class 3 felony, with mitigating factors, they could receive a minimum sentence of two years imprisonment. If the same person was convicted of committing the same crime with aggravating factors, their possible sentence could be up to 8.75 years.
The sentence would be significantly longer for an individual with a prior criminal conviction. A seasoned conspiracy attorney at our Chandler office could review the specific facts of the crime as well as the defendant’s criminal history to determine the likely range of prison time in a particular case.
You should not take a conspiracy charge lightly, even if the alleged underlying crime never occurred. Prosecutors often use conspiracy charges to exert leverage, and you need a skilled attorney to effectively defend against these serious allegations.
At the Grand Canyon Law Group, a Chandler conspiracy lawyer could build the strongest defense possible under the circumstances. Reach out to our dedicated legal team today to begin discussing your case.