NYC Conspiracy Lawyer

Conspiracy charges in New York are brought when prosecutors believe more than one person planned a crime, and each person may be charged with the conspiracy in addition to the crime itself.

Someone accused as part of a group often faces heavier charges than they would have alone for the same conduct, and what a co-defendant did or said may become part of the case against everyone charged.

Mehdi Essmidi understands how a group-based case is built and where the evidence against one person is weaker than the charges suggest. We defend conspiracy charges in state and federal court across New York City. Contact us for a free consultation.

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 criminal offense separate from the underlying crime at the center 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 (e.g., 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 (e.g., 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 C felony while being over 18 and involving a minor under 16.

Penalty: Up to 7 years in prison.

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.

Misdemeanor-Level Conspiracy

Conspiracy in the 5th Degree (NYPL § 105.05): Class A Misdemeanor

Conspiring to commit any felony.

Penalty: Up to 364 days 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.

Defenses Against Conspiracy Charges

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 agree with another person to commit a crime, they cannot be convicted of conspiracy.

Withdrawal from the Conspiracy

If the defendant renounced the conspiracy before the planned crime was committed, they may have a defense to conspiracy charges. To establish this defense, the defendant must prove that they voluntarily and completely gave up the criminal purpose and prevented the crime from being committed. Backing out because the plan looked likely to be discovered, or putting it off for another time, does not count.

Entrapment

If law enforcement, or someone working with it, induced or encouraged the defendant to take part in the conspiracy, the defendant may have an entrapment defense. This defense may apply when the methods used created a substantial risk that a person not otherwise disposed to commit the crime would commit it. Simply being given the opportunity to commit a crime is not entrapment.

Insufficient Evidence

If the prosecution’s evidence is weak or insufficient to prove every element of the conspiracy, 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. Available defenses depend on each case, and an experienced criminal attorney should determine the best defense strategy.

Contact Us for a Free Consultation

In a conspiracy case, you are rarely the only person under investigation. Everyone named in the alleged agreement is facing the same pressure, and prosecutors know it. The first co-conspirator to cooperate usually gets the most favorable deal, and their account becomes the version of events the government builds its case around.

You have no way of knowing where the others stand. One of them may already have hired a lawyer. Another may already be sitting across from a prosecutor. Every day you wait is a day someone else may be shaping the narrative about your role.

Contacting an attorney early gives your lawyer time to examine what evidence actually ties you to the alleged agreement.

The Law Offices of Mehdi Essmidi has handled conspiracy cases at the state and federal level and understands how quickly these cases move once cooperation begins. If you believe you may be part of a conspiracy investigation, or you have already been charged, contact us today for a free, confidential consultation.

Frequently Asked Questions

Can I be charged with conspiracy in New York for just talking about committing a crime?

Talk alone is not conspiracy. New York requires an agreement between you and at least one other person to commit a crime, and at least one act that puts the plan in motion. The act does not need to be the planned crime itself. Buying supplies, scouting a location, or sending a message that moves the plan forward may all count.

Can I be convicted of conspiracy if the other person was an undercover officer or an informant?

Yes, in New York you may be. The law here looks at your own intent and your own belief that you were joining an agreement, so it is no defense that the other party was a police officer, an informant, or someone who never meant to go through with it. New York courts have allowed conspiracy charges to go forward where the only other participants were an undercover officer and a police informant. Whether the officer or informant pushed you into a plan you had no intention of joining is a separate defense.

What if I backed out before anything happened?

Backing out helps, and New York recognizes renunciation as a defense to conspiracy, but the law requires that the planned crime was never committed and that you took steps that prevented it, under circumstances showing a voluntary and complete change of heart. Going quiet, ignoring messages don’t meet that standard. The law also says a renunciation does not count as voluntary if you backed out because you thought you were about to get caught, or because you meant to try again later.

Can I still be charged with conspiracy if my co-defendant’s charges were dropped?

Yes. A conspiracy charge does not depend on anyone else being charged, tried, or convicted, and New York law says it is no defense that a co-conspirator could not be found guilty. When a co-defendant’s conspiracy count disappears in a plea deal, it often means that person has agreed to testify. That shifts the case rather than ending it.

Can my co-defendant’s statements or our text messages be used against me?

Often, yes. In New York, a statement made by a co-conspirator during the conspiracy may be admitted against you, even though you never said it, once the prosecution shows the conspiracy existed and you were part of it. Texts, group chats, and call records are the most common way prosecutors prove conspiracy. A co-defendant’s later confession to police is treated differently, and a co-defendant who cooperates will usually have to testify in person and face cross-examination.

If I’m charged with conspiracy, am I responsible for crimes the other people committed?

Not automatically, in New York. Being a member of a conspiracy does not by itself make you guilty of the separate crimes your co-conspirators went on to commit. To convict you of one of those crimes, the prosecution must prove you personally shared the intent and helped bring it about. This is often the point that decides how many counts a person named in a group indictment is truly exposed to.

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. If the crime was committed, prosecutors may add additional charges for the completed offense on top of the conspiracy count.

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

Stop talking about the case, and get a lawyer involved before you speak to anyone. Conspiracy cases are built on communications, so messages to co-defendants after an arrest, even to explain yourself, may become evidence of the agreement. Do not discuss the facts with police or investigators without counsel, and do not assume a co-defendant who says they are staying quiet will stay quiet.