Torrance Criminal Conspiracy Lawyer

What is Conspiracy in California?

The California Penal Code defines the crime of conspiracy as two or more persons who conspire to commit any crime, together with proof of the commission of an overt act by one or more of the parties to the agreement. The overt act must be done in furtherance (in other words, in the direction) of the object or goal of the conspiracy. Conspiracy is criminalized by Penal Code Section 182. Conspiracy is charged as a separate offense and is a sentencing enhancement to the underlying crime (e.g., murder, robbery, fraud, etc.)

Is a co-conspirator responsible for the crimes of another co-conspirator?

Yes. A member of a conspiracy is criminally responsible for the crimes that he or she conspires to commit, no matter which member of the conspiracy commits the crime. For example, if Rick, James and Bob all agree to commit a bank robbery, with Rick agreeing to be the getaway driver, James agreeing to be the hold-up man, and Bob agreeing to be the look-out, Rick and Bob will be responsible for the deaths of any victims resulting from James’ actions inside the bank. Even if Rick and Bob may never have wished for the deaths of any bystanders, such as the bank customers, tellers or security guards, they are responsible for any of James’ actions that were reasonably foreseeable, which would include death or injury to bystanders.

However, if James withdrew from the conspiracy (i.e., by calling Bob and Rick to tell them he was not going to participate) before a substantial step of the crime was taken (i.e., before hooking up to do the job), James would not be guilty of an ensuing bank robbery.

But James would be guilty of any crimes already committed in furtherance of the robbery (for example, unauthorized use of a credit card to purchase the materials needed for the job, such as gun, ski mask, etc.).