New York Jury Instruction - Multiple Objects - For Use With General Conspiracy Charge
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FAQ
You must decide whether the conspiracy charged in the indictment existed, and, if it did, who at least some of its members were. If you find that the conspiracy charged did not exist, then you must return a not guilty verdict, even though you may find that some other conspiracy existed.
Jail Time and Penalties for Felony Conspiracy Charges in Charlotte, NC. As an example, If you conspired to commit a class A felony, your potential class B2 felony punishment would be 94 ? 393 months in prison, fines, collateral consequences, and more.
This level of the offense is a class D felony, which means the sentence can be between two to seven years behind bars if convicted. The second highest level of the offense of conspiracy is class B felony and is charged when a person agrees with one or more persons to engage in conduct constituting a class A felony.
A Conspiracy can be described generally as a sort of partnership in crime. Legally, a Conspiracy exists when 2 or more persons join together and form an agreement to violate the law, and then act on that agreement.
For instance, a group of individuals can be convicted of conspiracy to commit burglary even if the actual burglary never happens. Conspiracy is also unique in that, unlike attempt, a defendant can be charged with both conspiracy to commit a crime, and the crime itself if the crime is completed.
Effective conspiracy defense strategies can rely on proving that: You did not get involved in any agreement to commit a crime, so the conspiracy did not exist. You had no intent to commit a crime. You did not know the plan involved criminal activity.
A conspiracy charge is defined as an agreement between two or more people to commit a crime. The purpose of the agreement doesn't matter?it could be to rob a bank, kill someone, or just cause general mayhem. What matters here is that the parties involved knowingly agreed.
See New York Pattern Jury Instruction § 8. It further states ?[a]n act is malicious when it is done deliberately with knowledge of the plaintiff's rights, and with the intent to interfere with those rights.