In California, conspiracy to commit murder is a serious violent crime. It involves an agreement between two or more people to kill another person intentionally. Even if the murder never happens, the act of planning it with others is a crime on its own. Conspiracy is charged under Penal Code 182. Before you face a conviction for conspiracy to commit murder, the prosecution must prove all the elements of the crime.
They include an agreement to commit the crime, a specific intent, and an overt act. If you face a conviction for this offense, you risk harsh legal penalties, which include incarceration and fines. Additionally, you will have a permanent felony record that can ruin your career, reputation, and personal life.
You will need the insight of a reliable criminal lawyer if you face an arrest and charges for conspiracy to commit murder. Your lawyer will help you understand the charges, protect your constitutional rights, and ensure that you secure a favorable case outcome.
An Overview of Conspiracy to Commit Murder
Under California PC 182, conspiracy occurs when two or more people agree to commit a crime and at least one takes a step toward carrying out the plan. If the agreed-upon crime is murder, it becomes conspiracy to commit murder. The offense is a felony punishable by severe penalties, including life in prison.
To convict you of conspiracy to murder in California, prosecutors must prove these elements beyond a reasonable doubt:
An Agreement was Made Between Two or More People.
The first thing the prosecution needs to establish in your case is that you did conspire with at least one other person to kill another person. The agreement does not have to be written or formal. It can be implied from the actions or words of the people involved. For example, two people can have a conversation about killing someone; if both express an intent to kill that person, there is sufficient evidence of an agreement.
Intent to Kill
Another factor that the prosecutor must establish in your conspiracy case is your intent to commit the crime. Everyone involved in the conspiracy must have the specific intent to commit murder. It means they must have wanted and planned to kill another human being unlawfully.
If you agreed to help but did not share the intent to kill, the court cannot find you liable for conspiracy to commit murder. The intent to kill separates conspiracy to murder from lesser conspiracy crimes.
An Overt Act in Furtherance of the Conspiracy Happened
To prove conspiracy to commit murder, prosecutors must show that at least one of the conspirators took an overt act to move the plan forward. The act does not need to be illegal on its own. However, it must clearly show a step toward carrying out the murder. The purpose of this element is to separate serious criminal intent from mere discussion or fantasy. Courts recognize many types of overt acts, including:
- Buying a firearm intended for killing a person
- Purchasing or collecting ammunition with the intent to use it to accomplish the crime
- Conducting surveillance on the victim’s home or workplace
- Mapping out the victim’s daily routine
- Hiring or arranging a getaway driver
These actions may seem minor. However, they prove that the conspirators were taking real steps to commit the murder. Without an overt act, there is no conspiracy under California law, regardless of the level of planning or intent.
Sentencing and Punishment for Conspiracy to Commit Murder
Under California PC 182(a), conspiracy to commit murder is charged as a felony. The penalties you will face after your conviction for this offense will vary depending on the level of the offense:
First-Degree Murder Conspiracy
If you face charges for conspiracy to commit first-degree murder, you will face life in state prison, with the possibility of parole. If exceptional circumstances apply, the penalty increases to life in prison without the possibility of parole. The circumstances in this case could include multiple murders, murder for financial gain, and gang-related murders.
There is no death penalty for conspiracy to commit murder alone. The death penalty only applies to completed murders with special circumstances.
Second-Degree Murder Conspiracy
For conspiracy to commit second-degree murder, a conviction will result in a prison term of 15 years to life imprisonment. In most cases, conspiracy to commit murder is charged as conspiracy to commit first-degree murder due to the required intent.
Sentence Enhancements for Conspiracy to Commit Murder in California
Under California law, individuals convicted of conspiracy to commit murder can face additional penalties through sentencing enhancements. These enhancements are added at the top of the base sentence. Enhancements apply if specific aggravating factors are present during the commission of the crime. They include:
Firearm Use (Penal Code § 12022.53)
The court may impose an enhancement if you used a firearm in connection with the conspiracy. The sentence enhancement can apply even if you did not discharge the gun. For example, you will face an addition of:
- 10 years for using a firearm
- 20 years for firing it
- 25 years to life if someone is seriously injured or killed as a result.
The enhancement applies to major participants and may apply even if you did not use the weapon.
Gang Involvement (Penal Code § 186.22)
California law is strict on defendants who commit crimes in connection with gang activities. If you violated PC 192(a) to benefit a criminal street gang, the judge can impose an enhancement of 15 years to life.
Three Strikes Law
Under California’s Three Strikes Law, prior convictions for serious or violent felonies can double the prison term. If you have one previous conviction for a serious felony, the judge can double your sentence for conspiracy to commit murder. Defendants with two or three prior felony convictions will face an enhancement of 25 years to life for the offense.
Great Bodily Injury (Penal Code § 12022.7)
If the conspiracy results in someone suffering significant bodily injury, the court may add 3 to 6 years to the sentence. Each of these enhancements can significantly increase the punishment. It makes parole or early release much more difficult or impossible. If there are aggravating factors in your PC 182(a)(1) case, you will need the guidance of a reliable criminal attorney.
Lasting Consequences of a Conviction for Conspiracy to Commit Murder
The consequences of a conviction for conspiracy to murder in California go far beyond prison time. The sentence will enter your record and impact your personal and professional lives. The collateral consequences of a conviction under PC 182(a) include:
Loss of Voting Rights
Losing the right to vote while in prison is a significant consequence of a felony conviction in California. After the conviction for conspiracy to commit murder, you will likely serve time in state prison. During this time, you lose your right to vote.
The court will restore these rights when you finish your sentence and complete parole. However, the temporary loss is still significant. It affects your ability to participate in democracy and influence laws and policies that may impact your life.
Immigration Consequences
For U.S. citizens, spending time behind bars is the most dreaded consequence of a felony conviction. However, for an immigrant, there is an added fear of the immigration consequences of the conviction. Conspiracy to commit murder is an aggravated felony under federal immigration law.
After your conviction, you could face inadmissibility or deportation. Even lawful permanent residents can face removal from the country for this kind of conviction.
Loss of Gun Rights
Under federal and California law, people convicted of felonies cannot legally possess or own firearms. A conviction for conspiracy to commit murder will result in an automatic, lifetime firearm ban. The ban applies even if you did not use a weapon during the conspiracy. Violating this ban is a separate crime that could result in more prison time and penalties.
Barriers to Employment
Most employers will check your background before offering you a job opportunity. A conviction for a felony like conspiracy to commit murder can make it hard for you to obtain meaningful employment.
Jobs in government, education, healthcare, and security are often out of reach for individuals with a PC 182(a) on record. Even when legally allowed to apply, the stigma of a violent felony can lead to repeated rejection.
Housing Restrictions
Finding housing after a felony conviction can prove challenging. Landlords often run background checks and may refuse to rent to anyone with a serious criminal record. Public housing authorities can also deny applications based on felony convictions. For this reason, your conviction can lead to homelessness or unstable living conditions after release.
Impact on Professional Licenses
If you work in a profession requiring a practice license, your license is your livelihood. Before issuing or renewing licenses, most licensing boards will perform a background check. A felony conviction can result in an investigation and severe disciplinary action.
Licensing boards look at the nature of the crime, the time since conviction, and whether the offense is related to the profession's duties. Your conviction for conspiracy to commit murder can result in suspension or revocation of your license.
Legal Defenses Against Charges for Conspiracy to Commit Murder
The stakes are high for defendants facing charges for conspiracy to commit murder. Even when you do not commit the murder, you can face severe legal and collateral consequences. Therefore, if you face charges under PC 182(c), you should fight them to avoid a conviction. Common defenses you could present in your case include:
No Agreement
One of the main elements of a conspiracy charge is the existence of an agreement to commit a crime. If there was no agreement, there is no conspiracy. Being present during a conversation where the deal is made is not enough to prove your liability. The prosecution must prove beyond a reasonable doubt that you participated. You can avoid a conviction if your lawyer shows you never agreed to participate in the crime.
No Intent to Kill
Conspiracy to commit murder is a crime of specific intent. Even if there was an agreement to commit some crime, the prosecution must prove that you intended to kill someone. If you did not share that intent, the court cannot find you guilty of conspiracy to commit murder. Proving an intent to kill someone is challenging for the prosecution. Therefore, you have a chance to fight the charges.
No Overt Act
Another element that the prosecution must prove under this statute is that at least one person in the conspiracy took a concrete step toward committing the crime. A conspiracy charge cannot stick if there was no overt act. Talking about a plan without any action to carry it out is not enough under the law. Your lawyer can argue that no meaningful step was taken, which could result in dismissal of the charges.
Withdrawal from the Conspiracy
Even if you agree to the plan, the court cannot find you guilty of the conspiracy if you withdraw from the plan. When proving withdrawal, you must show that you stopped being involved and communicated your withdrawal to the others involved. The withdrawal defense is applicable in your case if you communicated it before the overt act happened.
The earlier you withdraw, the stronger this defense becomes. Courts will also look for evidence that you took steps to distance yourself and prevent the crime from happening.
Entrapment
Entrapment occurs when law enforcement officers trick or pressure someone into committing a crime they otherwise would not have committed. You may have a strong entrapment defense if an undercover officer or informant persuaded you to join a conspiracy. However, the defense does not work if you are already willing to commit the crime. Your attorney can argue that the entrapment of the idea began with the police.
Mistaken Identity
Sometimes, people are wrongly accused because they were misidentified as part of a group planning a crime. This can happen due to unreliable eyewitness accounts, mistaken names, or circumstantial evidence. For example, if someone else used your name, phone, or car, your defense could argue a lack of involvement. Alibi evidence, phone records, or surveillance footage can help strengthen your defense and avoid a conviction.
Frequently Asked Questions on Conspiracy to Commit Murder in California
The following are commonly asked questions on the offense:
Can the court reduce or dismiss my conspiracy charge?
Yes. Prosecutors must prove that you made an agreement to commit murder and took at least one overt act. If the prosecution cannot prove this beyond a reasonable doubt, your criminal lawyer can negotiate a reduction or dismissal of the charges. Sometimes, charges are downgraded through a plea bargain.
The prosecution can offer a plea deal if you played a minor role or cooperate with the investigation. Legal defenses like a lack of intent, withdrawal from the conspiracy, or mistaken identity can lead to a dismissal. Every case is different. Therefore, having an experienced criminal defense attorney will go a long way for you.
Can the court find me guilty of conspiracy even if no murder happened?
Yes. In California, conspiracy to commit murder lies in the agreement and the action taken toward committing the murder. You commit the crime by making a clear plan to kill someone and overreacting to accomplish it. The final result of your plan does not impact the charges.
The law treats conspiracy seriously because it shows a dangerous intent and willingness to act. Stopping the crime before it happens does not erase the conspiracy or protect those involved from prosecution.
Can law enforcement use undercover agents in conspiracy cases?
Yes. Undercover officers and informants are commonly used in conspiracy investigations. The police officers can launch a sting or undercover operation when they suspect that a serious crime is underway. These agents may pose as co-conspirators to gather evidence, like:
- Recorded conversations
- Texts
- Agreements
However, if the undercover officer pressures you into committing a crime, you can argue entrapment in your defense. The court will consider your intent and behavior to determine whether entrapment occurred.
Find a Competent Defense Lawyer Near Me
You can be arrested and charged with conspiracy to commit murder if you agree with another person to commit murder. Before you are convicted of the offense, the prosecution must prove that you committed an overt act to accomplish the plan. Conspiracy to commit murder is a serious felony that attracts severe legal and collateral consequences.
Even after serving a prison sentence, you will have a permanent criminal record whose impact can follow you for a lifetime. Fortunately, your PC 182(a) will not always end in a conviction. With the help of a reliable defense attorney, you can fight the charges for a favorable outcome. Common defenses you could present include a lack of intent, entrapment, or lack of an agreement.
At Darwish Law, we offer top-notch legal insight for clients battling criminal charges in Santa Ana, CA. Contact us at 714-887-4810 today to discuss the details of your case.