What is felony conspiracy?

What is Felony Conspiracy?

In the United States, conspiracy is a criminal offense that involves two or more people agreeing to commit a felony. Felony conspiracy is a serious offense that can result in severe penalties, including imprisonment, fines, and even criminal charges for those who conspire to commit a crime.

Definition of Felony Conspiracy

Felony conspiracy is defined as an agreement between two or more people to commit a felony, which is a crime punishable by imprisonment for more than one year. The key element of felony conspiracy is the agreement to commit a felony, which can be tacit or express, implicit or explicit. The agreement can be oral, written, or implied, and it does not have to be a formal contract.

Types of Felony Conspiracy

There are several types of felony conspiracy, including:

• Specific intent conspiracy: This type of conspiracy involves an agreement to commit a specific felony, such as murder, robbery, or theft.
• General intent conspiracy: This type of conspiracy involves an agreement to commit a crime, but the specific crime is not defined.
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• RICO conspiracy: This type of conspiracy involves an agreement to commit a crime, but the specific crime is a violation of the Racketeer Influenced and Corrupt Organizations (RICO) statute.

Elements of Felony Conspiracy

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

• An agreement: The defendant and at least one other person must have agreed to commit a felony.
• A specific felony: The agreement must be to commit a specific felony, such as murder, robbery, or theft.
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• Knowledge of the objective: The defendant must have known that the object of the agreement was to commit a felony.
• Intent to commit the crime: The defendant must have intended to commit the crime.

Examples of Felony Conspiracy

Here are some examples of felony conspiracy:

• Drug trafficking: A group of individuals agree to smuggle large quantities of drugs into the country, knowing that this is a felony.
• Embezzlement: A business owner and an accountant agree to embezzle funds from the company, knowing that this is a felony.
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• Murder: A group of individuals agree to murder someone, knowing that this is a felony.

Penalties for Felony Conspiracy

The penalties for felony conspiracy vary depending on the specific circumstances of the case. Generally, felony conspiracy is a serious offense that can result in severe penalties, including:

• Imprisonment: Felony conspiracy can result in imprisonment for up to 20 years, or even life.
• Fines: Felony conspiracy can result in fines of up to $250,000.
• Criminal charges: Felony conspiracy can result in criminal charges for those who conspire to commit a crime.

Defenses to Felony Conspiracy

There are several defenses to felony conspiracy, including:

• Lack of intent: The defendant may argue that they did not intend to commit a felony.
• Lack of knowledge: The defendant may argue that they did not know that the object of the agreement was to commit a felony.
• Innocent association: The defendant may argue that they were associated with the person who committed the crime, but they did not intend to commit the crime.

Conclusion

Felony conspiracy is a serious offense that can result in severe penalties. It is important to understand the definition, elements, and penalties of felony conspiracy, as well as the defenses that can be used to challenge these charges. If you have been charged with felony conspiracy, it is important to seek the advice of a criminal defense attorney who can help you navigate the legal process and protect your rights.

Table: Types of Felony Conspiracy

Bullet Points: Elements of Felony Conspiracy

• An agreement
• A specific felony
• Knowledge of the objective
• Intent to commit the crime

Bullet Points: Defenses to Felony Conspiracy

• Lack of intent
• Lack of knowledge
• Innocent association