You undoubtedly know that murder in California can result in severe and life-altering penalties. However, confusion surrounds what conspiracy to commit murder means since it is an offense by association. Indirect involvement can also lead to criminal charges, making details complicated. Luckily there are legal options and defenses if you are charged with this crime. You can best explore these defenses by working with a seasoned Los Angeles defense attorney. Continue reading this article to learn more about protecting your freedom, rights, career, reputation, and life.

How the Law Defines Conspiracy to Commit Murder

You violate the conspiracy to commit murder law when you enter into an agreement with at least one person to deliberately and illegally kill another person.

Another element of the crime that the prosecutor must prove beyond a reasonable doubt is that you engaged in an overt act in aiding the agreement or conspiracy.

Please note that you do not need to be at the crime scene to be convicted of this offense. Your relationship with other individuals wanting to kill another deliberately constitutes criminal activity. What matters is that the defendant acted with another, and there exists:

  • Solicitation to kill
  • An attempted murder
  • An intent or a plan to kill a person

Moreover, this crime does not need your physical presence at the scene.

Finally, a person does not need to be murdered for you to be sentenced for this offense. It is your agreement that constitutes the crime.

Your Agreement Does Not Need to be Explicit

While you can clearly state your agreement, it can also be inferred from the behavior in conspiracy cases. Whether your agreement is inferred or clearly outlined, it should be to kill an individual deliberately. For instance, if the defendant met with somebody else and discussed killing another, they can be convicted of this crime.

It applies even when the defendant does not openly agree on all killing details. 

Moreover, members of the conspiracy can agree over time.

It is also not essential that you understand the following:

  • all the agreement details, or
  • all members of your agreement.

What matters is that you know the intent of your agreement is killing and agree to engage in your agreement.

Overt Act

This legal phrase means a member of the agreement should take significant action to further their conspiracy. The overt act should come after entering the agreement and before the criminal activity is complete.

It is not a must that the overt act is murder itself. It should be more than the agreement to murder a person.

Also, the overt act does not have to be illegal. For instance, an overt act to aid the crime can be a legal act like:

  • Purchasing a firearm
  • Making phone calls to arrange for an “escape” motor vehicle
  • Giving co-conspirator instructions on shooting a gun
  • Booking a hotel room for the individual who will commit murder

Penalties for Conspiracy to Commit Murder

If convicted of conspiring to kill, you will face a felony. You will be punished to the same degree and manner as a person facing murder charges under PC 182. Typically, the penalties are similar to first-degree murder consequences.

The crime carries twenty-five years to life in California state prison. However, you will face life imprisonment without the possibility of parole if it is a hate crime. A hate crime murder is based on the alleged victim’s:

  • Gender
  • Religion
  • Disability
  • Nationality
  • Race
  • Sexual orientation

The crime can also subject you to the following additional penalties:

  • An additional ten, twenty, or twenty-five years to life imprisonment if the crime involved the use of a firearm
  • Victim restitution
  • Loss of firearm rights under PC 29800
  • A maximum fine of $10,000
  • A strike per three strikes law (If you have one previous strike on your criminal record and are later convicted of another California felony, you will be punished as a second striker and face double the maximum sentence for the crime. And you become a third striker if you have two prior convictions for violent or serious felonies and you are charged with another felony, you will face 25 years to a life sentence.

Also, you should register for life as a tier III sex offender if you are convicted of conspiracy that involves the commission of either:

  • Lewd conduct with a minor below 14
  • Sodomy
  • Oral copulation with a child
  • Forcible penetration with a foreign substance
  • Rape

Knowing Your Rights After an Arrest

When police officers have probable cause against you, they will arrest you. Probable cause is a reasonable belief that you committed an offense.

You might have seen in movies that law enforcers arrest the suspect immediately after discovering criminal activity. However, in reality, there is a time lag between the crime commission and arrest; the police should investigate the matter further and collect evidence against the suspect.

If the police officers want to arrest you at your home, they should have an arrest warrant.  Additionally, they should announce their motive after knocking at your door.

If you believe you are under investigation and could be arrested, you should prepare yourself and your loved ones. Ensure you memorize significant contacts and hire a skilled Los Angeles defense attorney.

You should know that you have constitutional rights, including Miranda rights. You have a right to remain silent. Whatever you say can and will be used against you in court. You have the right to have your lawyer present during interrogation. If you cannot afford a lawyer, the government will provide one at no cost.

One misconception about Miranda rights is when a warning is needed. If the law enforcers do not read you your Miranda rights during the arrest, it does not mean the criminal charge will be dropped. Miranda warnings only apply to police custodial interrogations. It means the police should read the warning when you are under police custody and being interrogated.

After reading you the Miranda warning, the police can question you. If you continue talking, you waive your rights to have a lawyer present for interrogation.

Please note that during the questioning, the police could be looking for information or trying to get you to agree or make specific statements. Many suspects believe because they are innocent, they have no reasons not to speak with the officers. However, the police can take your innocent statements out of context and use them to put you behind bars.

Just because you began speaking with the police officers does not mean you have given up your entitlement to legal representation. You can tell the officers you want to talk further when you consult an attorney. In this case, the officer should stop questioning you.

Additional Constitutional for Defendants

Other vital constitutional protections afforded to you include the following:

  • Right from unreasonable searches and seizures — According to the 4th Amendment to the U.S. Constitution, the police should have a valid warrant to search your person, home, property, or workplace. The police should obtain the warrant after proving in court that they have probable cause and that there is evidence in the areas to be searched.
  • The 5th Amendment to the constitution gives you the procedural right of your criminal trial.
  • The 8th Amendment to the U.S. Constitution prohibits the government from imposing excessive fines, excessive bail, or cruel and unusual punishment even if convicted of this crime.
  • You have a right to equal protection and due process under the 14th Amendment.
  • Finally, the sixth amendment gives you the entitlement to confront witnesses against you to a speedy trial and legal representation.

Your defense attorney will ask you questions about your arrest, the searches of you and your property, and interaction you have had with law enforcement officials. The lawyer wants to ensure that the officers treated you well. Also, violations of the rights are valid legal defenses.

Will the Judge Dismiss Your Criminal Charges Over Police Miranda Violation?

Miranda violations are not grounds for charge dismissal. It means the details the law enforcers obtained during the violation, including your confession, were acquired involuntarily and could be used as proof. If the police unlawfully obtained the only evidence against you, your case can be dismissed.

Nonetheless, your case can proceed if the prosecutor has additional proof against you.

Should I Go With a Public Defender or Hire a Private Criminal Defense Attorney?

When facing criminal charges, you have two options: a private attorney or a public defender. There are advantages and disadvantages to either decision. You should cautiously weigh the cons and pros before deciding.

Public Defender

The judge appoints a public defender to a defendant who cannot afford to hire a lawyer and requests one. The government pays the public defender.

A public defender is experienced and acquainted with many criminal cases. Typically, they work with the prosecution team and can have better professional relationships with them, which can be instrumental in obtaining plea agreements.

Since many defendants cannot hire an attorney, public defenders have huge caseloads. Therefore, your public defender can plead out as numerous criminal cases as possible to handle their caseload. That means they do not dedicate the adequate time, attention, and energy required to formulate the most effective legal defense to reduce or prevent the effect of the charge and conviction.

Reasons to Have a Defense Lawyer Instead of a Public Defender

If accused of conspiracy, you will face severe penalties that can affect you for many years. Consequently, you cannot take chances and require excellent legal representation. Here are the advantages of consulting a private defense lawyer.

  • The lawyer is motivated to win your case — You are paying the counsel to represent your best interests in the criminal case. The lawyer is also inspired to win the case and establish a solid reputation. Therefore, the legal professional will invest time to assist you in reducing the consequences and penalties or dismissing the criminal charges altogether.
  • Your private lawyer will spend more time on the criminal case — Typically, an established private lawyer will not take many cases, allowing them to have one-on-one time with their clients. They can use this time to know you more and learn information that can help the defense. It also allows the attorney to find gaps and weaknesses in the prosecutor’s case that can aid them in developing the best legal defense and strategies.
  • The public defender does not have the required resources — Typically, a public defender works within a limited budget and does not have resources to build the most effective defense. On the contrary, your private lawyer has what it takes to realize the most favorable case outcome. They can also hire expert witnesses, associates, paralegals, and staff that can assist with your case.

How Having a Criminal Record Can Affect You

The aftermath of your conviction can affect many aspects of life. A significant adverse consequence is a permanent criminal record. Below are different ways that the criminal record will change your life:

  • Seeking employment — Since the job market is tight, companies are selective about who they employ. Having to highlight a conviction on an application can lead to you not even being short-listed for the interview, at least for lucrative jobs. The conviction can also hinder you from obtaining professional licenses.
  • Loans — The conviction can make it challenging to acquire a business loan, auto loan, or mortgage. Many lenders will consider you a high-risk debtor.
  • Housing — Most landlords conduct background checks before approving potential tenants. A landlord can consider a defendant a credit risk due to the criminal record.
  • Immigration status — You could face deportation, be denied citizenship, or be marked inadmissible (denied the right to remain or enter the U.S.)
  • You could lose child custody — A judge should consider the children’s best interest when awarding custody. The ability to be a responsible parent and character could be called into question in a child custody battle if you have a previous conviction.
  • Security clearance — Some factors considered in renewing and giving a security clearance include overall character, financial responsibility, honesty, and loyalty. Your criminal record can negatively affect these factors and lead to revocation or denial of a security clearance.

If charged with conspiracy to commit murder, hiring a defense lawyer can lessen the impact of a conviction. Your lawyer should work aggressively to build a robust defense.

Frequently Asked Questions

Discussed below are common questions defendants ask.

  1. Can Conspiracy be Expunged?

If a crime is expunged, private parties like neighbors, employers, journalists, landlords, and strangers cannot see it on your criminal history. Expungement eliminates almost all adverse consequences of a criminal record, giving a defendant a fresh start. Unfortunately, this crime is a serious violent crime and is ineligible for expungement in California.

  1. How Does Conspiracy Differ From Attempted Murder?

The most significant difference between the two is that to be sentenced for conspiracy, you should agree with somebody else to violate the law.

On the other hand, an attempt requires taking significant steps toward committing the offense.  An attempt is trying to break the law and failing.

  1. Can You be Convicted of Conspiracy If You Withdrew from Your Agreement Before the Murder Occurs?

You could still be convicted of conspiracy even if you withdrew from your agreement to kill.

However, you use your withdrawal as a legal defense, provided:

  • You notified your co-conspirators that you were abandoning your conspiracy, or
  • Took an affirmative step of abandonment, like alerting police officers of the plan

For the legal defense to be valid, you should do it before committing an over act.

  1. What Happens If You Are Charged With Conspiracy but Not the Underlying Offense?

You can still be found guilty of conspiracy even when innocent of murder.

  1. Do the Police Require to Use Specific Words When Reading Your Miranda Rights?

The law enforcer does not need to use certain words when reading Miranda rights. All they require is to convey the importance of Miranda rights.

  1. Do You Require a Defense Attorney Even If the Prosecutor Offers a Plea Bargain?

You should discuss the matter with your attorney even when the prosecutor offers a plea bargain.

Your legal expert can identify defenses you could be unaware of and persuade the prosecutor to give you a better deal. Additionally, you could be wrong in assuming that you are guilty.

  1. What is Plea Bargain?

Typically, prosecutors offer plea bargains to defendants to reduce their caseload and achieve convictions. The defendant agrees to plead guilty in return for lighter penalties and charges. The prosecutor will most likely offer a plea bargain if the evidence against you is weak.

Most people accept the offer after being intimidated by severe penalties in situations where they should have fought the charges. While sometimes it is the most favorable case outcome, you should discuss your case facts with a lawyer.

  1. How Long Will Your Criminal Case Take?

Your case complexity affects how long it takes. A felony can take many months or even years. If the prosecutor makes a reasonable plea offer early in the criminal justice process, your case will end sooner than if it proceeds to trial.

Find a Competent Violent Crime Defense Attorney Near Me

Conspiracy to commit murder involves an agreement between at least two people to execute the crime. What is surprising about a conspiracy case is that even when murder did not occur, you could be found guilty and subject to the same penalties as defendants associated with the underlying crime. If accused of conspiracy, Los Angeles Criminal Lawyer can fight for your rights, reputation, freedom, and life. We have many years of combined experience and are well-versed in California laws, and we can help you navigate the criminal justice system’s complexities with precision and skill. Please contact us at 310-502-1314 and get a free case review.