Are you facing a conspiracy charge in San Diego, CA? If so, it can feel overwhelming and unsettling, as the implications of these allegations carry serious weight. If so, you might be concerned about your legal rights. For help, contact Blair Defense Criminal Lawyers, at (619) 357-4977 to speak with a San Diego conspiracy attorney.
We recognize how difficult this situation is for you and your family, and we’re here to offer our assistance and support. We’ve been protecting the accused since 2010 and are well-versed in California criminal law and procedure. Contact us to schedule a free consultation.
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How Blair Defense Criminal Lawyers Can Help If You’re Arrested for Conspiracy in San Diego, CA
If you find yourself arrested for conspiracy in San Diego, California, we can provide legal support to help you navigate these challenging circumstances.
Here’s how our San Diego criminal defense attorneys can help:
- We will listen to your side of the story and gather as many details as we can to get a full picture of what really happened.
- We’ll review the accusations and evidence against you in order to identify opportunities for a defense.
- Our experienced attorneys will provide guidance on your rights, what steps to take, and what you can expect throughout the legal process.
- We’ll devise a strategy to challenge the prosecution’s case, and we may negotiate a plea deal with them to reduce or even dismiss your charges.
- If needed, we will litigate on your behalf in court; we are always prepared to argue your case in front of a judge or jury.
If you’re facing conspiracy charges in California, the most important step you can take is to contact an experienced criminal defense attorney. For help, reach out to Blair Defense Criminal Lawyers for a free initial consultation with a San Diego conspiracy lawyer.
Overview of Conspiracy in California
In California, conspiracy occurs if you and at least one other person agree to commit a crime together and then take an overt act to put that plan in motion. The agreement does not have to be in writing or even spoken, but it does have to be understood by both parties.
This crime itself doesn’t have to be completed or even partially completed – simply taking steps toward its commission after making the agreement can lead to a conviction.
What Is an Overt Act?
An “overt act” within the context of conspiracy is a deliberate action taken to further the process of committing an agreed-upon crime. The act does not have to be illegal; it just needs to push the criminal plan forward. This step happens after the conspirators agree to commit a crime but before they actually complete it.
For example, purchasing potential tools for the crime (like weapons), making logistical arrangements such as leasing property or renting a vehicle necessary for carrying out the plan, or even giving signals to co-conspirators may qualify as an overt act.
What Are the Potential Penalties For a Conspiracy Conviction in California?
If you’re convicted of conspiracy in California, the penalties depend on what crime you were allegedly conspiring to commit. The penalty for that crime is the possible penalty for conspiracy, even if you never fully or even partially committed the crime.
Whether it’s a misdemeanor or felony, you’d be sentenced based on the potential penalties for the underlying crime. This means you could face the following types of punishments, depending on the circumstances:
Jail/Prison Time
Depending on the crime, you could end up facing a short jail sentence or lengthy prison term – and even life in prison in some cases.
Probation
Instead of or in addition to imprisonment, you could receive probation. This requires defendants to follow strict guidelines set forth by the court. These usually include reporting to a probation officer, community service, and keeping a job. Other relevant conditions can be put in place, depending on the crime a defendant was convicted of. Violating these terms can result in revocation of probation and possible incarceration.
Fines
There may also be significant fines that mirror the punishments for carrying out the actual offense involved. This means the fines for conspiracy can be severe, financially impacting an individual long after they’ve served their time.
Collateral Consequences
A conspiracy conviction can profoundly alter an individual’s future, often in ways that may not be immediately apparent during legal proceedings. Some of the collateral consequences that can come from a conviction include:
Immigration Consequences
For those who aren’t American citizens, a conspiracy conviction can have serious immigration consequences. It could trigger deportation or removal proceedings. It might also prevent lawful reentry into the United States and prohibit a person from becoming a United States citizen. A conspiracy conviction can also have an effect on adjustment of immigration status, like being approved for a permanent green card.
Loss of Gun Rights
Depending on the underlying offense you were allegedly conspiring to commit, you could lose your right to own or possess firearms if you are convicted.
Difficulty Obtaining Housing
Having a criminal record can cause significant challenges when looking for housing. Landlords generally conduct background checks and may deny applications based on criminal history, especially for felonies.
Employment Difficulty
Employers also perform background checks, and a conspiracy conviction on your record can negatively impact your job prospects. Some employers are hesitant or unwilling to hire someone with a criminal history.
While California does have protections – like the Ban the Box law, which prevents employers from asking about an applicant’s criminal history until a conditional job offer has been made – the conviction can still be considered afterward. This may factor into the final hiring decision.
These collateral consequences reflect how a conspiracy conviction could cause significant difficulties in many different aspects of your life.
What Defenses Can Be Raised If I’m Arrested for Conspiracy in San Diego, California?
Facing arrest for conspiracy charges requires a strong legal defense. Some of the most common ones your San Diego criminal defense lawyer might raise include the following:
No Agreement
The prosecution must prove that the parties agreed to commit a crime to secure a conviction. If your lawyer can show that there was no mutual understanding or actual intent to commit a crime, this could lead to an acquittal.
No Overt Act
A conspiracy conviction requires not just an agreement but also some action to further the offense. Your defense lawyer might be able to show that while there may have been discussion or planning, no steps were actually taken to further the crime. This crucial element could prevent a conspiracy charge from holding up in court.
Withdrawal
Another defense is that you withdrew from the conspiracy. For this defense to be successful, your attorney will have to prove that you communicated your decision to withdraw to every conspirator before there was any step toward committing the crime.
Lack of Knowledge
To be guilty of conspiracy, an individual must have known about the criminal plan and intentionally agreed to participate. Proving that you did not have actual knowledge of what was going on can be used as a defense.
To prove a lack of knowledge, an attorney can show that you were not involved in any communications with the co-conspirators – for example, text messages you weren’t involved in where the crime is discussed.
Entrapment
This defense applies when law enforcement crosses its boundaries by pushing someone to commit a crime that they otherwise would not have considered. If your attorney can prove entrapment, the court may disregard your actions. This is because your behavior was a direct result of undue influence or manipulation by the police.
Evidence could include communications demonstrating pressure or coercion executed by authorities, such as text messages.
With the right defense strategy, it will be possible to prove your innocence and preserve your freedom if you’re facing conspiracy charges.
If you or a loved one are facing conspiracy charges in San Diego, understanding your rights and building a compelling defense is critical. We know how difficult this time is for you and your family, and we will do everything we can to help. Contact Blair Defense Criminal Lawyers to schedule a free case assessment with a San Diego conspiracy attorney.
Visit Our Criminal Defense Law Office in San Diego, CA
Blair Defense Criminal Lawyers
225 Broadway Suite 1740
San Diego, CA 92101
(619) 357-4977
