Facing Conspiracy Charges in California? Call My Offices Today

Last Updated on July 2, 2025

When people hear the word “conspiracy,” they typically think of some crackpot theory you might read online. Under California Penal Code section 182 (PC) though, a conspiracy occurs when two or more people work together to plan or commit any crime. Conspiracy allegations are drastically different than most criminal charges, as a person accused of the crime need not have actually committed an actual crime other than planning illegal activities with someone else. In fact, the criminal act itself doesn’t even need to have been completed.

Understanding Conspiracy Charges

Under 182 (PC), a conspiracy occurs when two or more people plan and work together to commit a felony and take some kind of action toward the completion of the crime. There is no requirement that the offense took place for charges to be filed, as long as those involved took an overt act toward its completion.

When people work together to plan a crime and then continue to take action toward committing it, they can be charged with conspiracy even if they are caught or abandon the plan long before it ever was completed. Similarly, if the crime was completed, but one person never took any part in the actual plot, they could still be charged with the others if they conspired to commit the crime.

It is also possible to face conspiracy charges in California for planning to falsely accuse or frame someone for a crime —even if the crime the other individual was allegedly going to commit was never committed.

Examples of a Conspiracy Under the Law

For a conspiracy to occur, two or more people must plan to commit a crime and then take action toward completing the plan. Some examples include:

• A wife plans to kill her husband with her lover. They attempt to hire a hitman, only to discover he is an undercover officer. Though no one ever tries to kill the husband, the wife and her lover could be charged with conspiracy to commit murder.
• A far-right group wants to ensure their candidate wins the election, so they coordinate efforts to staff polling places and then turn away those they believe to be liberal voters. They could be charged with conspiracy to commit election fraud.
• Three construction workers want to punish their foreman for being too strict, so they vandalize one of the worker’s cars and falsely accuse their boss of damaging the vehicle. They could be accused of conspiracy to commit vandalism.

On the other hand, if not all circumstances of the crime were met, a conspiracy did not occur. For example:

• A husband falsely accuses his wife of domestic violence. Because there was only one person involved, it is not a conspiracy.
• A group of picketers get agitated when the police start trying to shut down their protest and start rioting. Since they did not plan the crime before it occurred, it would not be a conspiracy.
• A gang makes a plan to kidnap and ransom the mayor’s son but never takes any action to do so. In this case, no one would be guilty of a crime because they did not make any overt act to initiate the plan.

What is the Sentence for Conspiracy?

Anyone convicted of criminal conspiracy charges is subject to the same penalties as the crime they conspired to perform. In other words, if the offense was a felony, those convicted would face prison time, and if it was a misdemeanor, those involved with the conspiracy would be found guilty of a misdemeanor. When conspiracy charges in California involve more than one offense, the defendants will face penalties for the offense with the most severe sentence.

As an example, if two people have committed grand theft in part of their effort to manufacture drugs, they will face up to 7 years for the drug crimes, as the maximum sentence for the grand theft offense is only 3 years.

If the crime was fully completed, those charged with conspiracy can also face charges for any actual crimes they committed. When the offenses were never completed, they may face charges for attempted crimes instead.

For example, if a group of criminals is arrested after a home robbery, everyone involved with the plan can face conspiracy to commit robbery charges, while anyone who actually entered the home will face robbery charges. On the other hand, if they were caught as someone was attempting to break into the home, the individual trying to enter the home would face attempted robbery charges as well as conspiracy allegations.

Defenses to Conspiracy

The rules of evidence are looser in conspiracy cases, allowing the prosecutor to use evidence against you that they might not be able to have admitted in a case involving a regular criminal charge. For example, hearsay is admissible in these cases.

Even so, the prosecution still must be able to prove that:

• you were part of a conspiracy
• you agreed to the plan
• an overt act was taken to further the crime after you made the agreement
• you did not withdraw from the scheme before the overt act was performed

If your defense attorney can show the prosecution has insufficient proof of any of these factors, you should not be found guilty. The law is very clear that merely associating with criminals who committed a crime is not enough to result in someone being convicted of conspiracy.

Aside from fighting the factual evidence of these cases, your attorney may also be able to use more common defense strategies to fight these charges. For example, they may be able to show that the police violated your rights during an illegal search and seizure. Alternatively, they may argue that you were falsely accused by someone who has a vendetta against you.

In some cases, the best option may not be to fight the charges at all, but to negotiate a plea bargain to minimize the sentence you will serve. For example, if you are accused of a conspiracy involving a wobbler offense (a crime that can be a misdemeanor or felony), your attorney could try to convince the DA to file the charges as a misdemeanor. Or, your lawyer may be able to secure a sentence involving probation rather than jail time.

Related Criminal Charges

You could also face aiding and abetting charges for taking any act in furtherance to commit the agreed-upon crime, even if you were not directly involved. Under the law, those who aided and abetted another to commit a crime face the same charges as the person who committed the criminal act.

Alternatively, those who helped someone avoid the police after committing a crime can be charged with being an accessory after the fact, which is a wobbler. As a misdemeanor, it is punishable by up to one year in jail, but as a felony, it carries a 3-year prison sentence.

It is also common for those facing conspiracy charges to be accused of violating the state’s gang crime laws if they agreed to commit illegal activities on behalf of an organized crime ring. These offenses are criminal charge enhancements, meaning you can only be found guilty of the enhancement if you are found guilty of the underlying offense. If you are convicted of a misdemeanor gang crime, you can face a minimum sentence of 180 days in jail. As a felony, most gang crimes are subject to an additional 4 years of prison time. However, some serious offenses, like murder, can result in an additional ten years to life imprisonment being added to the original criminal sentence.

If you are facing conspiracy charges, please contact a skilled attorney in San Diego immediately. Lawyer Peter M. Liss has over 40 years of experience fighting these and other allegations, so he can help you fight conspiracy charges as well as any other related offenses you may be accused of. Please call (760) 643-4050 to schedule a free consultation.