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Aggressive Defense for New Yorkers Charged with Conspiracy-Related Crimes
If you have been arrested and charged with a crime related to conspiracy in New York City, The Law Offices of Mehdi Essmidi P.L.L.C. can help protect your rights and fight to get you the best possible outcome. Our experienced NYC Conspiracy Attorney is a former New York City Prosecutor who uses his knowledge of prosecution tactics to aggressively defend his clients.
We understand that an arrest and or charges related to conspiracy can be overwhelming, and our NYC Conspiracy Attorney is here to help you every step of the way. Our knowledgeable and experienced team will work hard to develop the best defense strategy for your case. We understand that each case is unique and different, and we strive to provide all of our clients with personalized attention and care.
Whether you’re facing a federal or state charge, The Law Offices of Mehdi Essmidi P.L.L.C. can help you navigate the legal process and get the best possible outcome. Take advantage of our experience and knowledge by contacting us for a free consultation today.
What Is Criminal Conspiracy?
Criminal conspiracy is an agreement between two or more people to commit a crime. Generally, it occurs when parties agree to take some illegal action and one of them takes some step in furtherance of that goal. It doesn’t matter if the crime never actually happens — only that two or more people came together with the intent to commit a crime.
What Are The Elements of a Criminal Conspiracy Charge?
To be convicted of criminal conspiracy, the prosecutor must prove each element beyond a reasonable doubt. These elements usually include:
- The defendant agreed to engage in criminal activity with at least one other person;
- The defendant had the intent to commit a crime; and
- At least one of the conspirators took some step in furtherance of the crime.
Common Conspiracy Charges in New York
Some of the most common conspiracy-related crimes include:
- Drug Conspiracy: A conspiracy to distribute or possess with intent to distribute illegal drugs.
- Racketeering Conspiracy: A conspiracy to participate in an organized criminal enterprise.
- Fraud Conspiracy: A conspiracy to commit securities fraud, health care fraud, or any other type of fraud.
- Money Laundering Conspiracy: A conspiracy to launder money obtained from illegal activities.
- Terrorism Conspiracy: A conspiracy to commit acts of terrorism.
- Murder Conspiracy: A conspiracy to commit murder.
- Arson Conspiracy: A conspiracy to commit arson.
- Theft Conspiracy: A conspiracy to commit theft, such as embezzlement, larceny, or robbery.
- Bribery Conspiracy: A conspiracy to offer or accept bribes.
- Tax Fraud Conspiracy: A conspiracy to evade taxes or commit tax fraud.
- Immigration Fraud Conspiracy: A conspiracy to commit immigration fraud, such as using false documents or making false statements on immigration applications.
- Computer Fraud Conspiracy: A conspiracy to commit computer crimes, such as hacking or identity theft.
- Securities Fraud Conspiracy: A conspiracy to commit securities fraud, such as insider trading or stock manipulation.
New York Conspiracy Laws
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.
- Conspiracy in the Sixth Degree – Class B Misdemeanor.
- Conspiracy in the Fifth Degree – Class A Misdemeanor
- Conspiracy in the Fourth Degree – Class E Felony
- Conspiracy in the Third Degree – Class D Felony
- Conspiracy in the Second Degree – Class B Felony
- Conspiracy in the First Degree – Class A-I Felony
Federal Criminal Conspiracy Charges
In some cases, a criminal conspiracy may be prosecuted in federal court. Generally, federal criminal conspiracy charges are brought when the crime involves an interstate element (such as crossing state lines) or affects an interest of the United States, such as postal fraud, immigration fraud, etc. Federal criminal conspiracy charges carry serious penalties and should not be taken lightly.
Defenses Against Conspiracy Charges
The specific defenses against conspiracy charges will depend on the facts and circumstances of each case. However, some common 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.
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.
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.
Mistake of Fact
If the defendant believed that the conduct they were participating in was legal, they may have a defense of mistake of fact.
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 P.L.L.C., we understand the complexities of conspiracy charges and can help protect your rights and fight for the best possible outcome for your case. We provide aggressive and experienced criminal defense representation throughout New York City. Contact us today for a free consultation. We are ready to fight for you.