NYC Conspiracy Lawyer

If you have been arrested and charged with a crime related to conspiracy, experienced NYC Conspiracy Attorney and former prosecutor Mehdi Essmidi uses his knowledge of prosecution to aggressively defend his clients.

Whether you’re facing a federal or state charge, we can help you with the legal process and fight to get the best possible outcome. Contact us for a free consultation today.

New York Conspiracy Laws

Criminal conspiracy consists of an agreement between two or more people to commit a crime. To be convicted of criminal conspiracy, the prosecutor must prove each element beyond a reasonable doubt. These elements usually include:

• The accused agreed to engage in criminal activity with at least one other person
• The accused had the intent to commit a crime
• At least one of the conspirators took some step in pursuit of the crime

In New York, conspiracy is typically charged as a separate criminal offense, separate from the underlying crime that is the subject of the conspiracy. The specific degree of the conspiracy charge depends on the circumstances of the conspiracy and the underlying crime that was the subject of the conspiracy. Here’s an overview of key aspects of conspiracy laws in New York:

Degrees of Conspiracy and Penalties

Conspiracy is classified based on the severity of the intended crime:

Felony-Level Conspiracy:

• Conspiracy in the 1st Degree (NYPL § 105.17) – Class A-I Felony
  • Conspiring to commit a Class A felony (murder, major drug offenses) while being over 18 and involving a minor under 16.
  • Penalty: 15 years to life in prison.
• Conspiracy in the 2nd Degree (NYPL § 105.15) – Class B Felony
  • Conspiring to commit a Class A felony (drug trafficking, murder).
  • Penalty: Up to 25 years in prison.
• Conspiracy in the 3rd Degree (NYPL § 105.13) – Class D Felony
  • Conspiring to commit a Class B or higher felony while being over 18 and involving a minor under 16.
  • Penalty: Up to 7 years in prison.

Misdemeanor-Level Conspiracy

• Conspiracy in the 4th Degree (NYPL § 105.10) – Class E Felony
  • Conspiring to commit a Class B or C felony.
  • Penalty: Up to 4 years in prison.
• Conspiracy in the 5th Degree (NYPL § 105.05) – Class A Misdemeanor
  • Conspiring to commit any felony.
  • Penalty: Up to 1 year in jail.
• Conspiracy in the 6th Degree (NYPL § 105.00) – Class B Misdemeanor
  • Conspiring to commit any crime (even a misdemeanor).
  • Penalty: Up to 3 months in jail.

In New York, conspiracy is typically charged as a separate criminal offense, separate from the underlying crime that is the subject of the conspiracy. The specific degree of the conspiracy charge depends on the circumstances of the conspiracy and the underlying crime that was the subject of the conspiracy.  

Degrees of Conspiracy and Penalties

Conspiracy is classified based on the severity of the intended crime:

Felony-Level Conspiracy:

• Conspiracy in the 1st Degree (NYPL § 105.17) – Class A-I Felony
  • Conspiring to commit a Class A felony (murder, major drug offenses) while being over 18 and involving a minor under 16.
  • Penalty: 15 years to life in prison.
• Conspiracy in the 2nd Degree (NYPL § 105.15) – Class B Felony
  • Conspiring to commit a Class A felony (drug trafficking, murder).
  • Penalty: Up to 25 years in prison.
• Conspiracy in the 3rd Degree (NYPL § 105.13) – Class D Felony
  • Conspiring to commit a Class B or higher felony while being over 18 and involving a minor under 16.
  • Penalty: Up to 7 years in prison.

Misdemeanor-Level Conspiracy

• Conspiracy in the 4th Degree (NYPL § 105.10) – Class E Felony
  • Conspiring to commit a Class B or C felony.
  • Penalty: Up to 4 years in prison.
• Conspiracy in the 5th Degree (NYPL § 105.05) – Class A Misdemeanor
  • Conspiring to commit any felony.
  • Penalty: Up to 1 year in jail.
• Conspiracy in the 6th Degree (NYPL § 105.00) – Class B Misdemeanor
  • Conspiring to commit any crime (even a misdemeanor).
  • Penalty: Up to 3 months in jail.

Federal Criminal Conspiracy Charges 18 U.S.C. § 371

A criminal conspiracy may be prosecuted in federal court if it involves an agreement to commit a federal offense or defraud the United States. Under 18 U.S.C. § 371, conspiracy charges apply when two or more individuals conspire to violate federal law and at least one conspirator commits an overt act in furtherance of the conspiracy. Some federal conspiracy statutes, such as drug trafficking conspiracies (21 U.S.C. § 846) or racketeering (RICO, 18 U.S.C. § 1962), do not require proof of an overt act.

Defenses Against Conspiracy Charges

The specific defenses against conspiracy charges depend on the facts and circumstances of each case. However, some possible defenses against conspiracy charges include the following:

Lack of Agreement

One of the key elements of a conspiracy charge is an agreement between two or more people to commit a crime. If the defendant did not have an agreement with another person to commit a crime, they cannot be convicted of conspiracy.

Withdrawal from the Conspiracy

If the defendant withdrew from the conspiracy before the crime was committed, they may have a defense to conspiracy charges. To establish this defense, the defendant must prove that they took affirmative steps to renounce the conspiracy and prevent its commission.

Entrapment

If the defendant was induced or coerced by law enforcement to participate in the conspiracy, they may have a defense of entrapment. This defense may apply if the defendant had no previous intent to participate in criminal activity, but was induced or coerced by law enforcement to participate in the conspiracy.

Insufficient Evidence

To prove a conspiracy charge, the prosecution must present evidence demonstrating that the defendant agreed with another person to commit a crime and took an overt act in furtherance of the agreement. If the prosecution’s evidence is weak or insufficient to prove these elements, the defendant may have a defense to the conspiracy charge.

These are just a few examples of the defenses that may be available to a defendant facing conspiracy charges. The specific defenses available in a particular case will depend on the facts and circumstances of that case, and it is important to have an experienced criminal defense attorney to evaluate the evidence and determine the best defense strategy.

Contact Us For A Free Consultation

No matter what type of criminal conspiracy charge you are facing, it is important to have an experienced NYC Conspiracy Attorney on your side. At The Law Offices of Mehdi Essmidi, we understand the complexities of conspiracy charges and can help protect your rights and fight for the best possible outcome for your case. Contact us today for a free consultation.

Frequently Asked Questions

How are federal conspiracy charges prosecuted?

Federal conspiracy charges take place when two or more parties agree to commit a federal crime, such as bank fraud, mail fraud, or wire fraud. Under federal law, prosecutors do not need to prove that the actual criminal act was carried out—only that an agreement existed and that at least one conspirator took an overt act toward committing the crime. Federal prosecutors often rely on communications, financial records, and witness testimony to build a conspiracy case.

What is the difference between conspiracy and a completed crime?

A conspiracy charge does not require the crime to be fully carried out. Instead, the focus is on the criminal plan and whether two or more people had the intent to commit a crime and took an affirmative act toward achieving it. If a crime was actually committed, additional charges—such as fraud or another federal offense—can be added.

What are the penalties for federal conspiracy convictions?

The maximum sentence for a federal conspiracy conviction depends on the underlying federal crime. Conspiracies involving health care fraud or bank fraud can lead to severe penalties, as a conspiracy to commit a felony generally carries the same punishment as the completed crime itself.

Is conspiracy always charged as a felony?

Not always. In some cases, conspiracy crimes may be classified as misdemeanors, particularly under New York state court laws. However, federal conspiracies involving fraud, drugs, or violent crimes are almost always felonies.

What should I do if I am accused of conspiracy in New York City?

The penalty for a federal conspiracy conviction depends on the underlying crime. Under 18 U.S.C. § 371, most conspiracy charges carry a maximum of five years in prison, unless a specific statute, such as 21 U.S.C. § 846 (drug conspiracy) or 18 U.S.C. § 1349 (fraud conspiracy), imposes the same penalties as the completed crime.