Conspiracy is a serious crime in Utah. If you are charged with conspiracy to commit any other criminal offense, whether a misdemeanor or a felony, you are at risk of incarceration, heavy fines, and other harsh and debilitating penalties.
Fight back by getting legal help from an experienced and aggressive conspiracy attorney with a record of handling tough cases successfully. If you or one of your family members was arrested for conspiracy in Utah, Overson Law, PLLC is here to protect your rights. To set up a free consultation with a Salt Lake City conspiracy lawyer, contact Overson Law online, or call 24 hours, seven days a week at (801) 758-2287.
What is Criminal Conspiracy?
Conspiracy is defined under Section 76-4-201, which provides the following:
“[A] person is guilty of conspiracy when he [or she], intending that… a crime be performed, agrees with one or more persons to engage in or cause the performance of… [criminal] conduct and any one of them commits an overt act in pursuance of the conspiracy, except where the offense is a capital felony, a felony against the person, arson, burglary, or robbery, the overt act is not required for the commission of conspiracy.”
What does this mean in plain terms? Prosecutors must prove each of the following facts, or “elements of the offense”:
- The defendant planned for a misdemeanor or felony to be committed.
- The defendant plotted with one or more people to carry out the crime.
- A person in the group of conspirators took a clear, obvious action to carry out the conspiracy (“commits an overt act in pursuance of the conspiracy”).
- Where certain, very serious crimes are involved, such as arson or robbery, there is no need for the government to prove that any of the conspirators took an action to further the conspiracy (“the overt act is not required for the commission of conspiracy”).
- This also applies to any “offense [that] is a capital felony,” meaning aggravated murder, which is currently Utah’s only capital crime. The phrase “felony against the person” refers to aggravated assault and related offenses.
Is Conspiracy a Felony or Misdemeanor in Utah?
There are seven types of criminal offenses in Utah:
- Class C Misdemeanors
- Class B Misdemeanors
- Class A Misdemeanors
- Third Degree Felonies
- Second Degree Felonies
- First Degree Felonies
- Capital Felonies
Other than capital felonies, first degree felonies are the most serious offenses, and therefore carry the harshest maximum penalties. Class C misdemeanors, though at the opposite end of the spectrum, can lead to jail time and heavy fines, along with other burdensome penalties.
Conspiracy crimes are placed into one of the aforementioned categories based on criteria set forth under Section 76-4-202. Generally speaking, the conspiracy offense is one level lower than the underlying offense. For example, the act of conspiring to commit a Class B misdemeanor is itself a Class C misdemeanor. Depending on the circumstances, other conspiracy offenses are classified as follows:
- Conspiracy to commit a Class A misdemeanor is a Class B misdemeanor.
- Conspiracy to commit a third degree felony is a Class A misdemeanor.
- Conspiracy to commit a second degree felony is a third degree felony.
- Conspiracy to commit a first degree felony is a second degree felony, with some exceptions related to certain sex crimes and child kidnapping offenses.
- Conspiracy to commit aggravated murder is a first degree felony.
Utah Conspiracy Penalty: Fines and Sentencing
Maximum criminal penalties for conspiracy in Utah, including felony and misdemeanor offenses, are listed below by category:
- Class C Misdemeanor Offenses
- Fine – Maximum of $750
- Jail Sentence – Maximum of 90 days
- Class B Misdemeanor Offenses
- Fine – Maximum of $1,000
- Jail Sentence – Maximum of six months
- Class A Misdemeanor Offenses
- Fine – Maximum of $2,500
- Jail Sentence – Maximum of one year
- Third Degree Felony Offenses
- Fine – Maximum of $5,000
- Sentence – Maximum of five years
- Second Degree Felony Offenses
- Fine – Maximum of $10,000
- Prison Sentence – Maximum of 15 years
- First Degree Felony Offenses
- Fine – Maximum of $10,000
- Prison Sentence – Maximum of life in prison
Salt Lake City Conspiracy Defense Lawyer Offering Free Legal Consultations
Salt Lake conspiracy attorney Darwin Overson brings more than 16 years of battle-tested experience to every case he handles, from first-time offenders facing misdemeanor charges to defendants who have been charged with multiple felonies. Darwin has earned a reputation for his powerful advocacy, his fearless attitude, and his unwavering dedication to justice. When you need a trusted defense attorney in your corner, Overson Law is here to help. Contact us online today to set up a free legal consultation, or call (801) 758-2287.