The crime of conspiracy is found in Penal Code § 182. Conspiracy is where two or more people agree
- Commit a California Crime (By far the most common theory)
- Commit a crime against the Executive Branch members, any Governor, or any U.S. Judge
- Falsely accuse another of committing or participating in a crime
- File a fraudulent lawsuit
- To Defraud
- Commit an act against the public welfare
Almost always the District Attorney when filing a conspiracy charge would charge under the conspiracy to commit a California crime section. Below are the elements for that theory.
Elements of The Crime (Summary)
- Intent to agree and agree with another person or persons
- To commit a California crime (Conspiracy to commit a federal crime = federal charges)
- With the intent at the time of agreement that one of the participants would commit the crime
- One of them committed at least one OVERT ACT to accomplish the crime
- At least one of these overt acts was committed in California.
If convicted of for conspiracy to commit a California crime, then the person faces the same punishment that comes with the crime that conspired to commit. For example if the person is convicted of conspiracy to commit a first degree burglary that person would face the same punishment as if they committed the burglary, whether the burglary was committed or not.