Section 499 of the Penal Law provides that a person who conspires with another person to commit a felony is liable to up to 7 years of imprisonment or the penalty prescribed for that offense, whichever is the lighter penalty.
What is the offense of conspiracy?
Section 499 of the Penal Law provides that a person who conspires with another person to commit a felony is liable to up to 7 years of imprisonment or the penalty prescribed for that offense, whichever is the lighter penalty. Conspiracy to commit a misdemeanor carries up to two years of imprisonment. What is unique about this offense is that it is completed at the moment of agreement between the conspirators, even if the planned offense was never carried out and did not even begin.
What must be proven?
An agreement between two or more people to commit an offense. The agreement does not have to be formal or explicit: it may be inferred from conduct, correspondence, and actual cooperation. At the same time, real intent to commit the offense is required, not mere conversation, an offhand remark, or "talk." It is precisely along this borderline, between speech and a formed agreement, that the legal battle is conducted in most cases.
The expanded liability of a conspirator
A conspirator may also bear responsibility for offenses committed by his partners in the conspiracy, if they were committed to advance the objective of the conspiracy, even when he himself took no physical part in them. This is why a conspiracy charge appears in almost every organized crime case and in many property, drug, and violence cases: it allows the prosecution to draw in distant partners into the indictment.
Legal representation in conspiracy cases
Israel Arama, a former member of the Tel Aviv District Attorney's Office, represents defendants in cases that include a conspiracy charge. Challenging the existence of a formed agreement, and separating the defendant from the acts of alleged partners, are among the key defenses in these cases. Contact us for an initial consultation with no obligation.
What is the offense of conspiracy?
Section 499 of the Penal Law provides that a person who conspires with another person to commit a felony is liable to up to 7 years of imprisonment or the penalty prescribed for that offense, whichever is the lighter penalty. Conspiracy to commit a misdemeanor carries up to two years of imprisonment. What is unique about this offense is that it is completed at the moment of agreement between the conspirators, even if the planned offense was never carried out and did not even begin.
What must be proven?
An agreement between two or more people to commit an offense. The agreement does not have to be formal or explicit: it may be inferred from conduct, correspondence, and actual cooperation. At the same time, real intent to commit the offense is required, not mere conversation, an offhand remark, or "talk." It is precisely along this borderline, between speech and a formed agreement, that the legal battle is conducted in most cases.
The expanded liability of a conspirator — what is important to know?
A conspirator may also bear responsibility for offenses committed by his partners in the conspiracy, if they were committed to advance the objective of the conspiracy, even when he himself took no physical part in them. This is why a conspiracy charge appears in almost every organized crime case and in many property, drug, and violence cases: it allows the prosecution to draw in distant partners into the indictment.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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