Persons accused of criminal conspiracy should make an effort to study the charge in order to defend themselves well in court. In a nutshell, this offense is defined as an arrangement among a minimum of two individuals to perpetrate a criminal act.
The Difference Between Conspiracy and Other Charges
Conspiracy should not be mistaken with similar crimes like attempt and solicitation because these are completely different things where a lone party is generally deemed guilty. What’s more, the following conditions must hold true:
Attempt – Proven intention to carry out a crime and actions that go beyond the preparation stage though the final act did not come to fruition.
Solicitation – Knowingly providing an individual with items of value which would assist him in the execution of a crime or an illegal deed.
Pertinent Laws in Nevada
Laws differ from state to state and in Nevada, the most important law concerning criminal conspiracy is contained in the Revised Statutes under section 199.480. In it, conspiracy is delineated as a concurrence among individuals to perform racketeering, arson, sexual assault, murder, kidnapping or robbery.
The same section expands the definition by stating that concurrence to perform crimes other that those previously listed are still punishable by law. In addition, agreements to do legal acts with criminal designs also fall under the scope of criminal conspiracy and can thus be subject to harsh penalties.
The Nevada state law goes against the federal law in terms of the conditions required. It turns out that Nevada accepts charges despite the lack of an overt act of agreement as per NRS 199.490. Federal law is stricter in that it calls for this overt act to be present in order for an exploit to be considered as a conspiracy.
Those who are found guilty of violating the law on criminal conspiracy for offenses like kidnapping (both 1st and 2nd degrees), sexual assault, robbery and those written under NRS 205.463 are deemed to be felons in category B. This means that their time in jail will range from between a year to as much as 6 years.
For a conspiracy to murder, the felony category could be the same with an upgraded jail sentence of between 2 to 10 years and a fine of not more than $5000.
For a conspiracy to racketeer, the same felony category is used with punishment of between 5 to 20 years in jail plus fines not greater than $25000.
Other types of criminal conspiracy may be categorized as a gross misdemeanor which carries a maximum sentence of a year behind bars and $2000 in fines.
No related posts.