A New York resident may one day have to face a conspiracy charge. The brief definition of conspiracy is working together with another party to engage in unlawful conduct or actions. When one person conducts an unlawful act, then that person is simply charged with a crime. When more than one person is involved with a crime, the secondary party and other members could receive separate charges for conspiracy. A conspiracy charge can be punished in a number of ways. Each case and ts penalties depend on the circumstances at hand
Conspiracy for Committed or Non Committed Acts
A person can receive a conspiracy charge whether an unlawful act was successfully committed or not. The conspiracy charge is separate from the unlawful act, and it stands on its own. An example of such a situation would be an unsuccessful robbery. For some reason, the robbery may not have been fulfilled. However, the persons who planned it can still be held accountable for a conspiracy charge that is separate from the charges that may stem from the unsuccessful robbery. Conspiracy to commit robbery is one of the most common types of conspiracy that arise.
More Examples of Conspiracy Situations
Conspiracy can occur in an assault situation or in a murder case. It occurs when one or more parties plan to isolate the victim and inflict pain on him or her because of a disagreement or a problem. One party may plan to lure the victim to a place where the other parties will attack. The same situation may occur in a murder case. Sometimes a person can be charged with conspiracy just for knowing that someone else was going to commit a crime and not notifying the authorities of that person’s intention. Knowing of a crime and not doing anything to stop it is just as bad as participating is according to some judges.
One more example of conspiracy is a group of workers stealing from a company or its customers. An example is a case of five or six employees working together to steal consumer credit card numbers and charge them for various store items. The people who stole the credit card numbers and all parties who knew about it would be held liable for conspiracy as well as fraud and any other charges that may come about.
Penalties for Conspiracy
Many penalties may come about for a conspiracy conviction. The level of punishment that a person receives would depend on the crime that was associated with the conspiracy. For example conspiracy that occurred in the midst of shoplifting crime may only be a Class B misdemeanor charge. A Class B misdemeanor charge would only call for jail time of up to three months. Conspiracy that is related to a more serious crime may be considered as a Class A felony. Felony convictions can result in a person spending many years in jail. Therefore, a person who receives a conspiracy charge should contact a reliable attorney.
How an Attorney Can Help
A reliable attorney can help a number of ways. Conspiracy is something that the prosecuting side must prove. The judge will not charge someone with conspiracy unless the prosecution proves 100 percent that the person was aware of the criminal activity and played the part of a willful participant in such a crime. The prosecutor will have to present some type of physical evidence or have the testimony of a reliable witness. If not, then the defense may have the right to request a dismissal of such a charge.
Call Spodek and Be Safe
Spodek Law Group is a law firm that has been producing fruitful results for many years. The firm is full of compassionate attorneys who will tend to the needs of every client. The attorneys are also aggressive when it comes to protecting their clients. They will stop at nothing to prove the innocence of someone that they represent. Accused parties need not fear. They can call the office and schedule a free consultation for their conspiracy charge. One of the attorneys will come up with a solution that will keep the defendant’s life safe from total destruction.
It goes without saying that being charged with fraud is a serious matter — even more so if the federal government investigates and prosecutes the case. Under both federal law and New York law, a number of fraud crimes are illegal, and in most cases, defendants are prosecuted at the state level. However, in some situations, the federal government steps in, claiming exclusive jurisdiction in criminal cases. Fraud crimes that typically prompt involvement from the federal government include bank fraud, wire fraud, mail fraud and false claims against the U.S. government.
Any individual accused of fraud faces a lengthy prison sentence, particularly if the federal government is prosecuting. Defendants may also be charged with crimes they did not physically or personally commit such as if they participated in a scam with other people. Federal conspiracy laws mandate that any defendant may face the same charges as his or her co-conspirators if the group attempted to violate anti-fraud laws.
If you have been accused of conspiracy to commit fraud, you are facing a serious charge and should consider obtaining legal representation as soon as possible. In order to convict you, a prosecutor must prove beyond reasonable doubt that you played a role in the conspiracy. Here at Raisser & Kenniff, PC, a New York criminal defense lawyer can call evidence into question and help you to undermine the charges against you. If you have been accused of conspiring to break the law or commit fraud, call us today for legal representation.
Conspiracy to Commit Fraud Definition
“Fraud” is broadly defined as intentionally omitting material information or making material misleading statements. A defendant may be charged with fraud for being negligent in determining the truth, for hiding information he knows is critical or for making statements he knows are false. In other words, it is not possible to avoid a fraud charge by turning a blind eye to lies.
Many fraud schemes involve people working together to enrich themselves through falsehoods or to make false claims. When a defendant participates in a scam to commit fraud, this results in conspiracy charges. By definition, conspiracy includes situations in which two or more people create a plan to commit a crime. Therefore, conspiracy fraud includes situations in which two or more people create a plan to defraud.
However, in order to be convicted, a prosecutor must show that one member of the group took steps or action to further the plan. In other words, you cannot be charged with conspiracy to commit fraud just because you talked about it. Still, even the smallest step towards committing a crime may lead to a conviction.
Types of Fraud Conspiracy Cases
There are number of fraud conspiracy case examples, but some of the most common include:
Under 18 U.S. Code Section 1349, anyone who conspires to commit fraud or who attempts to commit fraud may be subject to the same criminal penalties that are imposed on someone convicted of being the one who committed the crime. For example, if you develop a plan to rob a bank with a friend and your friend goes ahead and robs the bank, you could still face charges for robbing the bank, even if you did not physically go through the motions. Penalties can include harsh sentences mainly because mail, bank and wire fraud each carry maximum penalties of up to three decades in jail.
Additionally, 18 U.S. Code Section 371 maintains that if two or more people are involved in a conspiracy to commit fraud against the U.S. or any government agency and those individuals take action to commit the offense, the defendants may be imprisoned for up to five years and receive a hefty fine.
Accused of Conspiracy to Commit Fraud? A New York Defense Attorney Can Help
If you are facing accusations of conspiracy to commit fraud, it is important to take the charges seriously. A New York criminal defense attorney at Raisser & Kenniff, PC can discuss your options with you, including building a strategic defense, negotiating a plea agreement or handing over evidence about your co-conspirators in exchange for immunity. To speak with a member of our legal team today, please contact Raisser & Kenniff, PC for more information.
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