Many defendants need help understanding the definition of criminal conspiracy and what potential consequences it carries. Not only can we be side after an arrest and during an interrogation, but we can also help you defend yourself against serious charges in Utah.
Conspiracy is agreeing to commit a crime with other people, with one of the people involved typically taking an overt act in pursuit of the underlying crime. In some cases, an overt act is not necessary for conspiracy charges, such as if the defendant allegedly conspired to commit a capital offense. Conspiracy can be charged as a felony or misdemeanor offense, depending on the situation. Negotiating a plea deal might help you avoid charges for the main offense, but do not accept a plea without letting our lawyers confirm it benefits you.
For a confidential and free case review, call the Salt Lake City criminal defense lawyers of Overson & Bugden today at (801) 758-2287.
How Does Utah Define Criminal Conspiracy?
Criminal conspiracy is confusing for many, and our lawyers can explain exactly how this offense is defined in Utah.
According to Utah Code § 76-4-201, conspiracy is agreeing to commit or aid in a crime with one or more other persons, and then one of those people commits an overt act in pursuit of the crime. If the conspired offense is a capital offense, offense against the person, burglary, arson, or robbery, an overt act is not required for a conspiracy charge.
For example, someone could be charged with conspiracy to commit first degree murder if they agreed to commit this offense with another person, even if neither party committed an overt act in pursuit of the conspiracy.
How Does Utah Charge Criminal Conspiracy?
Classification of a conspiracy offense depends on the crime the defendant allegedly conspired to commit, according to § 76-4-202. Conspiracy charges can be nearly as serious as many violent offenses in Utah, so do not underestimate them.
Conspiracy to commit a capital felony is a first degree felony. The only capital felony in Utah is aggravated murder, which includes killing someone while committing another serious or violent crime, like a sexual assault or robbery.
Conspiracy to commit a first degree felony is generally a second degree felony. However, conspiracy to commit child kidnapping or certain sexual offenses is a first degree felony.
Defendants are charged with third degree felonies for conspiracy to commit second degree felonies, class A misdemeanors for conspiracy to commit third degree felonies, class B misdemeanors for conspiracy to commit class A misdemeanors, and class C misdemeanors for conspiracy to commit class B misdemeanors.
What Are the Sentences for Conspiracy Convictions?
Punishments for conspiracy convictions depend on the specific level of offense a defendant is charged with and convicted of. Penalties for conspiracy charges are almost as harsh as penalties for actually committing the conspired offense.
Five Years to Life
Conspiracy to commit a capital offense is charged as a first degree felony in Utah. First degree felonies have minimum prison sentences of five years and maximum prison sentences of life.
One to 15 Years
Conspiracy to commit most first degree felonies, like murder or aggravated burglary, is a second degree felony, which carries a prison sentence of one to 15 years. For conspiracy to commit child kidnapping and many sexual offenses, the sentence is three years to life.
Up to Five Years
The penalty for conspiracy to commit a second degree felony is that of a third degree felony, which means you face up to five years in prison.
Up to 364 Days
Being convicted of conspiring to commit a third degree felony means risking up to 364 days in jail.
Up to Six Months
Conspiracy to commit a class A misdemeanor is punishable by up to six months in jail.
Up to 90 Days
Conspiracy to commit a class B misdemeanor is punishable by up to 90 days. This is the punishment for a class C misdemeanor, which conspiracy to commit is punishable by 45 days in jail.
Are There Fines for Conspiracy Convictions in Utah?
Expensive fines can also accompany conspiracy convictions in Utah, worsening the punishment defendants experience.
The following are the possible fines for conspiracy convictions:
- $10,000 for conspiracy to commit a capital offense or first degree felony
- $5,000 for conspiracy to commit a second degree felony
- $2,500 for conspiracy to commit a third degree felony
- $1,000 for conspiracy to commit a class A misdemeanor
- $750 for conspiracy to commit a class B misdemeanor
- $375 for conspiracy to commit a class C misdemeanor
Fines might be imposed alongside prison or jail sentences, and our Utah conspiracy defense lawyers can work hard to limit the consequences you face.
What is the Statute of Limitations for Conspiracy Charges in Utah?
The statute of limitations for prosecutors to file charges for conspiracy depends on the case. For felony conspiracy charges, the statute of limitations is generally four years.
The statute of limitations for misdemeanor conspiracy charges in Utah is typically two years. If the statute of limitations has passed, the prosecutor may no longer file charges against you.
There is no statute of limitations for some charges, such as conspiracy to commit murder.
What Are Common Examples of Criminal Conspiracy?
Many criminal offenses often involve conspiracy, from drug trafficking to burglary.
Conspiracy to Traffic Drugs
Charges are common for conspiracy to traffic drugs in Utah. Planning or agreeing to create a criminal enterprise to sell drugs or engage in an existing enterprise with others is criminal conspiracy, provided there was an overt act in pursuit of the conspired crime.
Drug trafficking can be charged as a first degree felony in Utah, meaning conspiracy to commit drug trafficking would be charged as a second degree felony.
Conspiracy to Commit Murder
Two or more parties allegedly agreeing to kill another is a conspiracy to commit murder. This is a second degree felony, even if no overt act was taken by either involved party. Simply agreeing to kill someone is enough to get a conspiracy charge in Utah.
Conspiracy to Commit Burglary
Planning a burglary with one or more people, and any of you taking steps to carry that burglary out, is conspiracy to commit burglary. Purchasing tools or weapons for the crime and casing a property beforehand are generally considered overt acts.
Conspiracy to Commit Sex Crimes
Defendants may also face charges for conspiracy to commit sex crimes such as rape and child sexual abuse.
What if You Are Arrested for Criminal Conspiracy in Utah?
If you are arrested for criminal conspiracy in relation to another crime, call us right away. While you may want to explain yourself to the police, refrain from doing so. You may be understandably emotional and confused after an arrest, and anything you say might be taken out of context and used against you.
First, our lawyers can see what law enforcement is basing the conspiracy charge on. Texts, phone calls, social media messages, and other correspondence may be taken out of context, and might be the most important evidence the prosecution has. Let us clarify what certain messages meant, and explain how they are not evidence that you conspired with at least one other person to commit a crime.
Tell us everything we need to know about the charges and why law enforcement believes you are involved. Someone else wrongly implicating you should not permanently affect your future, and we may get prosecutors to drop charges that don’t have a basis.
Do not panic if you are arrested for criminal conspiracy in Utah. There’s no guarantee that the charges will go to trial, and you shouldn’t take law enforcement’s initial word on the evidence they have at face value.
What Charges Accompany Criminal Conspiracy?
Defendants charged with conspiracy to commit an offense might also be charged with the main underlying offense, as well, provided it was carried out. There may be other related offenses, too, all of which our Park City, UT criminal defense lawyers can explain and help you defend.
Allegedly conspiring to commit a robbery, for example, and then allegedly committing that robbery may end in first degree felony aggravated robbery charges in addition to a second degree felony charge for conspiracy to commit aggravated robbery.
If the alleged conspired crime does not take place, you might still be charged with other related offenses, which we can also help defend against.
Will You Be Released on Bail During a Criminal Conspiracy Trial?
Being released on bail during a trial is one of the most significant things for defendants. Not only does it let them remain at home and with loved ones during such a stressful time, but it also lets them participate in their defense more actively.
Judges generally grant bail for defendants facing criminal conspiracy charges. Prosecutors might try to compel judges to make bail very high for conspiracy to commit a violent crime, and our lawyers can step in if we think an amount is unfair.
While you are out on bail, you must follow the court’s conditions. Violating them could mean spending the rest of your trial in jail, so our lawyers will make sure you know exactly what’s expected of you.
Should You Accept a Plea Deal for Conspiracy Charges?
Whether or not you accept a plea deal for conspiracy charges depends on your case’s unique circumstances. Never sign a plea without letting our criminal defense lawyers make sure it benefits you in some way.
In some situations, negotiating a plea deal is the best course of action. Pleading guilty to lesser conspiracy charges and providing information may let a defendant avoid additional charges for the underlying offense that was ultimately carried out. Avoiding those additional charges also means avoiding extra prison time, which a plea can help lessen.
So much goes into deciding whether or not to accept a plea deal for conspiracy charges, including the strength of the prosecution’s case, the seriousness of the charges, and the possibility of getting a reduced sentence. Plea deals also let defendants resolve criminal cases much sooner, letting them move forward with their lives faster than a drawn-out trial.
How Can You Defend Conspiracy Charges in Utah?
There are several viable defenses to conspiracy charges in Utah that our lawyers may use to defend your name successfully.
Lack of Agreement
Prosecutors must prove you had an agreement with at least one other person to commit a crime. Pointing out the prosecution’s failure to establish an agreement creates reasonable doubt and may end in a favorable verdict.
Lack of Overt Act
Most conspiracy charges require one party to make an overt act toward the commission of the main offense. If the prosecution cannot prove an overt act, the charges should not stick.
Withdrawal
Evidence that you withdrew from the conspiracy before any overt act was taken is another way to defend yourself against conspiracy charges in Utah.
Coercion
Tell our lawyers if someone forced you to partake in the planning for a crime against your will. Tell us if you were under duress, your family was threatened, or your physical safety was in jeopardy, forcing your involvement.
Call Our Utah Criminal Defense Attorneys for Help Today
To get a free case assessment from our Provo, UT criminal defense lawyers, call Overson & Bugden today at (801) 758-2287.
