What is felony conspiracy in nc?

What is Felony Conspiracy in NC?

In North Carolina, felony conspiracy is a serious criminal offense that involves two or more individuals agreeing to commit a felony crime. This type of conspiracy is considered a separate crime from the underlying felony offense, and it can carry significant penalties, including imprisonment and fines.

What is the Definition of Felony Conspiracy in NC?

According to North Carolina General Statute § 14-2.3, felony conspiracy is defined as:

"…an agreement between two or more persons to commit a felony, and one or more of the parties to the agreement commits an overt act in furtherance of the object of the agreement, with the intent to commit the felony."

Elements of Felony Conspiracy in NC

To prove felony conspiracy in NC, the prosecution must establish the following elements:

• Agreement: The defendant and one or more co-conspirators must have agreed to commit a felony.
• Felony: The felony that is the object of the agreement must be a serious crime, such as murder, robbery, or drug trafficking.
• Overt Act: One or more of the parties to the agreement must have committed an overt act in furtherance of the object of the agreement.
• Intent: The defendant and co-conspirators must have had the intent to commit the felony.

Types of Felony Conspiracy in NC

There are several types of felony conspiracy in NC, including:

• Felony Conspiracy to Commit a Felony: This is the most common type of felony conspiracy, which involves an agreement to commit a felony crime.
• Felony Conspiracy to Commit a Misdemeanor: This type of conspiracy involves an agreement to commit a misdemeanor crime, which is a less serious offense than a felony.
• Felony Conspiracy to Commit a Crime of Violence: This type of conspiracy involves an agreement to commit a crime of violence, such as murder or assault.

Penalties for Felony Conspiracy in NC

The penalties for felony conspiracy in NC vary depending on the specific circumstances of the case. However, the maximum penalties for felony conspiracy are typically the same as the maximum penalties for the underlying felony offense.

Table: Penalties for Felony Conspiracy in NC

Examples of Felony Conspiracy in NC

Here are some examples of felony conspiracy in NC:

• Drug Trafficking: Two individuals agree to smuggle drugs into the country and sell them on the street. One of the individuals purchases the drugs and transports them to the other individual, who then sells them to customers.
• Robbery: Three individuals agree to rob a convenience store. One of the individuals enters the store and demands money from the clerk, while the other two individuals wait outside as lookouts.
• Murder: Two individuals agree to kill a rival gang member. One of the individuals shoots the victim, while the other individual provides a getaway car.

Defenses to Felony Conspiracy in NC

There are several defenses that can be raised in a felony conspiracy case in NC, including:

• Lack of Intent: The defendant did not intend to commit the felony crime.
• Lack of Agreement: The defendant did not agree to commit the felony crime.
• Overt Act: The defendant did not commit an overt act in furtherance of the object of the agreement.
• Duress: The defendant was forced to participate in the conspiracy by another person.

Conclusion

Felony conspiracy is a serious criminal offense in NC that can carry significant penalties. It is important for individuals to understand the elements of felony conspiracy and the types of penalties that can be imposed. If you have been charged with felony conspiracy, it is important to consult with an experienced criminal defense attorney who can help you navigate the legal process and raise effective defenses to the charges.