Facing State Conspiracy Charges in New York?
Facing conspiracy charges in NY? Learn more about such charges, potential penalties, and common defense strategies.
Under New York Penal Law Article 105, a person commits conspiracy when they agree with one or more individuals to engage in conduct that constitutes a crime, coupled with an overt act in furtherance of the agreement. The severity of the charge depends on the underlying offense and the circumstances surrounding the agreement.
New York law categorizes conspiracy charges into six degrees:
- First Degree (Class A-I Felony): Involves an adult conspiring with a minor under 16 to commit a Class A felony.
- Second Degree (Class B Felony): Agreement to commit a Class A felony.
- Third Degree (Class D Felony): Adult conspiring with a minor under 16 to commit a Class B or C felony.
- Fourth Degree (Class E Felony): Agreement to commit a Class B or C felony, or certain money laundering offenses
- Fifth Degree (Class A Misdemeanor): Agreement to commit a felony, or an adult conspiring with a minor under 16 to commit any crime.
- Sixth Degree (Class B Misdemeanor): Agreement to commit a crime.
Each degree carries its own set of penalties, ranging from fines and probation to significant prison time.
How We Fight Conspiracy Charges in New York
Whenever two or more individuals engage in a crime together, it is common for the government to tack on conspiracy charges, even when the underlying offense is completed.
For example, if the government alleges that two individuals engaged in the criminal sale of a controlled substance, oftentimes, for the purposes of the indictment and for plea bargaining, the government will include a conspiracy to commit said crime as well.
Beyond drug charges, conspiracy charges are also commonly seen in theft rings, where numerous individuals are charged in a scheme to defraud others or commit a grand larceny.
Finally, conspiracy charges have been seen in certain murder plots, where an individual contracts with another to commit a murder for hire.
Possible Sentencing & Penalties in New York
Penalties for conspiracy convictions vary based on the degree:
- Class A-I Felony: Up to life imprisonment.
- Class B Felony: Up to 25 years in prison.
- Class D Felony: Up to 7 years in prison.
- Class E Felony: Up to 4 years in prison.
- Class A Misdemeanor: Up to 1 year in jail.
- Class B Misdemeanor: Up to 3 months in jail.
Examples and Related Cases
Our office has successfully defended against conspiracy charges on the state level. As alluded to above, the government is typically aggressive when it comes to crimes committed by numerous individuals - whether that be a drug conspiracy or a grand larceny ring.
As such, an indictment will typically include conspiracy charges in addition to the underlying offense. It is crucial for a defense attorney to identify where their client falls within the conspiracy.
In a recent case, we represented an individual who was alleged to have been part of a wider-ranging larceny ring. Yet, we were able to successfully conduct a financial audit, showing the exact amount our client had “gained” from the larceny measured against the ring as a whole.
In doing so, the government conceded that our client did not even have knowledge of 85% of the transactions that had occurred and therefore could not be charged similarly to the rest of the individuals on the indictment. For this effort, we secured a misdemeanor plea and no jail time.
Your Defense Begins Now
Conspiracy charges in New York carry significant legal consequences. Understanding the nature of these charges can be challenges and thus seeking legal counsel from an experienced criminal defense attorney is critical. Contact The Law Offices of Jason Goldman today.
