Conspiracy
Trenton NJ Conspiracy Defense Attorneys
We have all heard the term “conspiracy” before, but many feel that it is a daunting, hard-to-grasp legal concept. It really is not that difficult to understand. A conspiracy is simply an agreement to commit a crime. To be guilty of conspiracy, a person must do two things, namely, agree to commit a crime and do something, however minor, to help in the commission of that crime. What is important to know about conspiracy is that the crime is the agreement, not the crime itself. That is why a person may be charged, for example, with robbery and conspiracy to commit robbery. As you can see, the conspiracy – the agreement – is a crime separate from the object of the agreement. If you find yourself charged with conspiracy, you need representation by a qualified lawyer. The Law Offices of Jonathan F. Marshall, which includes eight defense attorneys, several of whom are former prosecutors, has over a century of collective experience defending clients arrested for conspiracy in Trenton, Princeton, Hamilton, Ewing and Lawrenceville. Our team of smart, aggressive, experienced lawyers have been defending conspiracy cases at the Mercer County Superior Court in Trenton New Jersey and are available for a free consultation. Contact our office at 609–683–8102 for immediate assistance
Charged With Conspiracy in Mercer County New Jersey
The law of conspiracy in New Jersey is set out at N.J.S.A. 2C:5-2. As noted above, the crime of conspiracy is in the making of an agreement, not in committing the actual crime. It is possible, therefore, that a person may be guilty of a conspiracy even though the actual crime (i.e., the illegal purpose of the agreement) was never completed. Two general elements must be present for someone to be found guilty of conspiracy. First, the actor must enter into an agreement to engage in a criminal act and, second, engage in an overt act in furtherance of the conspiracy. The headings below discuss some of the important details of a conspiracy offense in Mercer County or another location in New Jersey.
An Agreement
The person purposely agreed with another person to commit a crime, or purposely agreed to help another person plan or commit a crime.
An Overt act
The person did something in furtherance of the agreement to commit a crime. (Note: Some serious drug distribution crimes do not require an overt act)
Example: If someone agrees with another person to commit the act of robbery and makes a telephone call to arrange the meeting where the crime shall be committed, then that person is guilty of conspiracy to commit robbery. That is true even if the robbery never occurred. The agreement to do something illegal plus an overt act is enough for conspiracy.
Multiple Actors
A conspiracy can include multiple people, some of whom do not know each other. In that circumstance, a person can still be guilty of conspiring with someone they do not know as long as he or she meets the elements of conspiracy.
Defense of Renunciation
It is a defense to a conspiracy charge if the accused renounced the conspiracy. Renunciation requires that the conspirator tell law enforcement of the conspiracy and assist to thwart the commission of the crime.
Merging Charges
If a person is guilty of both conspiracy to commit a crime and the actual crime, the offenses are merged into a single offense. Therefore, if you are guilty of kidnapping and conspiracy to commit kidnapping, you will get a single conviction for kidnapping.
Degrees of Conspiracy
In general, a charge of conspiracy will be the same degree as the most serious crime that was the object of the conspiracy. For example, if you are charged with second-degree kidnapping, the corresponding charge of conspiracy to commit kidnapping would also be a second-degree crime. There are some exceptions, including where the object of the conspiracy is a first-degree crime, the corresponding conspiracy charge would only be a second-degree crime.
Hamilton NJ Conspiracy Lawyer
If you are charged with conspiracy in Hamilton Township or another municipality in Mercer County such as Hopewell Township, East Windsor, Hightstown, Robbinsville and West Windsor, you are facing an offense that carries serious consequences. You will unquestionably increase the probability of escaping a conviction and penalties by retaining a criminal defense lawyer with extensive experience defending conspiracy cases. The attorneys at the Law Offices of Jonathan F. Marshall have over 100 years in practice with hundreds of clients who have been arrested for conspiracy. We know what it takes to mount a successful defense to a 2C:5-2 offense. To speak to an attorney now, call (609) 683-8102.