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Conspiracy Charges in NY

Dictionary Entry for ConspiracyConspiracy Criminal Defense Lawyers in NY

If you or a loved one has been charged with conspiracy to commit a crime, you will want to hire an attorney as quickly as possible.

Your defense attorney will protect your rights and fight for acquittal and, if unavoidable, provide counsel throughout the plea or trial and sentencing phases of your case.

What is Criminal Conspiracy?

In New York State, Criminal Conspiracy is punishable by law when one acts, agrees or performs with intent to commit a crime. Depending on the crime committed, a conspiracy charge could be prosecuted by a NY State crime or a Federal crime.

Conspiracy is relatively easy for prosecutors to prove because the law does not require exact proof of language used in an agreement to commit a crime, and only requires the testimony of one party. Investigation of conspiracy charges may include unsuspecting persons that may be completely innocent of the crime being investigated.

These factors emphasize the need for an experienced and competent criminal defense attorney to challenge, discredit or disprove conspiracy charges.  An experienced Criminal Defense Attorney will be ready to build a defense to fight these charges, and minimize the potential for conviction and/or minimize sentencing.

NY Criminal Conspiracy Sentencing Guidelines

Conspiracy in the Sixth degree

NY Penal Code 105.00

In New York State, Conspiracy in the sixth degree a Class B Misdemeanor, is when one agrees with one or more persons, to engage in a criminal act.

View sentencing chart below.

Conspiracy in the Fifth Degree

NY Penal Code 105.05

Conspiracy in the fifth degree, a Class A Misdemeanor, is charged when a person demonstrates intent of:

1. A felony to be performed, the defendant agrees with one or more persons to engage in or cause the performance of criminal conduct; or
2. A crime be performed, the defendant (over 18 years of age), agrees with a minor (under 16 years of age) to engage in or cause the performance of criminal conduct.

View sentencing chart below.

Conspiracy in the Fourth Degree

NY Penal Code 105.10

Conspiracy in the fourth degree, a Class E Felony, is when a person demonstrates intent constituting:

1. A class B or class C felony be performed, he or she agrees with one or more persons to engage in or cause the performance of such conduct;
or
2. A felony be performed, the defendant being over 18 years of age, agrees with one or more persons under 16 years of age to engage in, or cause the performance of criminal conduct; or
3. The felony of money laundering in the third degree as defined in section 470.10, be performed, he or she agrees with one or more persons to engage in or cause the performance of such conduct.

View sentencing chart below.

Conspiracy in the Third Degree

NY Penal Code 105.13

In New York State, a person is guilty of conspiracy in the third degree, a Class D Felony occurs when, with intent that conduct constituting a class B or a class C felony be performed, the defendant being over 18 years of age, agrees with one or more persons under 16 years of age to engage in or cause the performance of such criminal conduct.

View sentencing chart below.

Conspiracy in the Second Degree

NY Penal Code 105.15

A person is guilty of conspiracy in the second degree, a Class B Felony in NY State, when, with intent that conduct constituting a class A felony be performed, the defendant agrees with one or more persons to engage in or cause the performance of such criminal conduct.

View sentencing chart below.

Conspiracy in the First Degree

NY Penal Code 105.17

In New York, a person is guilty of conspiracy in the first degree, a Class A-I Felony, when, with intent that conduct constituting a class A felony be performed, he, being over 18 years of age, agrees with one or more persons under 16 years of age to engage in or cause the performance of such conduct.

View sentencing chart below.

New York Sentencing Guidelines for Criminal Conspiracy

NY State Felony Charge and Conviction reference chart

If you or a loved one are facing Conspiracy charges, you will want to hire an experienced attorney as soon as you are aware of an investigation, charges being filed, or an arrest being made.  Time is of the essence.

The E. Stewart Jones Hacker Murphy Law Firm has been successfully defending clients against criminal charges since 1898. Remember, more experience doesn’t always mean more expensive.  We are proud to offer an affordable legal option along with outstanding client services.

Contact us to schedule a free phone consultation or a confidential in-person meeting with an attorney at one of our convenient offices in Albany, Latham, Troy or Saratoga Springs,

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