FOLLOW US :
212-300-5196

White Glove Service. Excellent Results. Strong Reputation.

Read Our Reviews

Nationwide Legal Representation

We are an elite criminal defense law firm, that emphasizes providing the best service and professionalism to all clients. We service a curated clientele nationwide – that expect the best from their lawyer. We handle tough criminal defense and legal situations that require deep knowledge, experience, dedication, and excellence in order to win. We have over 50 years of combined experience, handling national and international cases.

Service Matters

Excellent results begins with top notch service. We treat you like family, and you always know what's going on with your criminal defense case.

Work Directly

When you hire our law firm, you work directly with a senior criminal defense attorney only. This ensures the best results possible.

Who We Are

We 100's of 5 star reviews, and have been featured in the media. We are a premier law firm who understands how to win cases.

Schedule Consultation

Top Rated Attorneys

The Spodek Law Group is one of the most successful law firms in the USA. Our success comes from the fact we are attentive to details, and take a very pragmatic approach to each and every single case. Our clients turn to us for realistic advice – so they can make the appropriate decisions they need to make personally. Our goal is to make sure your case ends in a positive outcome, not only personally – but for your family as well.

 



Penal Code 182 PC California Criminal Conspiracy

Pursuant to Penal Code 182 PC, a criminal conspiracy is defined by California law as a situation in which (1) someone agrees to commit a crime with one or more other people, and (2) one of the parties acts to promote that agreement.  

The language in PC 182 states that “If two or more persons conspire…to commit any crime…they shall be punishable in the same manner and to the same extent as is provided for the punishment of that felony.”

Best Legal Defenses to 182 PC Criminal Conspiracy Charges

A legal defense can be used to combat a conspiracy charge. 

Among the most prevalent defenses are:

  • There is no agreement,
  • if there is no overt act, and/or
  • The defendant dropped out of the conspiracy.

Penalties on Conviction on 182 PC Criminal Conspiracy Charges

Conspiracies are sometimes prosecuted as felonies. 

Other offenses are wobblers, which means they can be charged as either:

  • committing misdemeanors, or
  • Felonies are offenses that are punishable by law.

The particular punishments for this crime are frequently determined by the sanctions imposed for the underlying offense.

In this article, the California criminal defense attorneys of Spodek Law Group will explain the following topics: 

  1. What exactly is a conspiracy?
  2. Are there any legal defenses?
  3. What are the consequences of conviction on 182 PC Criminal Conspiracy Charges?
  4. Are there any ramifications for immigrants?
  5. Is it possible to get a conviction expunged?
  6. What effect does a conviction have on a person’s right to bear arms?
  7. Relation with other offenses

1. What exactly is a conspiracy?

Penal Code 182 PC is the California statute that makes it illegal for a person to commit conspiracy.

A prosecutor must prove the following in order to convict a person of this offense:

  • the defendant agreed to commit a crime with another person or persons,
  • one of the agreement’s parties took an “overt act” to advance or further the agreement, and
  • At least one of the overt acts took place in the state of California.

It is important to note that someone is not guilty of conspiracy if:

  • he just follows or associates with participants of a conspiracy, and
  • Has no intention of committing an infraction.

It’s also worth noting that a member of a conspiracy doesn’t have to know the identities or roles of all the other participants. The question is whether the defendant agreed to commit a crime.

The interpretation of the following terms is frequently questioned under this statute:

  • agreement, as well as
  • an overt act

The Agreement

It is not necessary for the parties to reach a comprehensive or formal agreement under this law.

Furthermore, if there was a shared goal to commit a crime, an agreement may be inferred from the defendant’s actions.

For example: Bernie and George are spotted sneaking towards a house late at night. 

Bernie is holding a duffle bag and they are both dressed in black. 

 George hurls a small rock at the front door of the house to test if any lights turn on.

In this case, both individuals’ actions would be sufficient to charge them with burglary conspiracy. 

This is true even if there was no explicit written or spoken agreement between Bernie and George to commit.

The Overt act

An “overt act” is an action taken to aid in the completion or advancement of the agreed-upon crime. 

This act must be carried out:

  • once the agreement to commit the crime has been reached (but before the crime has been carried out), and
  • Furthermore, the agreement or plan to perform the crime.

It is not necessary for the overt act to be a criminal act in and of itself. 

It could be as easy as:

  • purchasing a weapon,
  • renting a room or car, or
  • giving a signal to a co-conspirator.

2. Are there any legal defenses?

To refute a conspiracy charge, a person can establish a legal defense.

The following are three frequent 182 PC defenses:

  1. There has been no agreement,
  2. There has been no overt act, and/or
  3. There has been a withdrawal 

There has been no agreement

Unless there is an agreement to conduct an offense, a person is not guilty of conspiracy. 

This means that proving there was no agreement is always a defense for the accused.

There has been no overt act

Remember that there must be an overt act by one of the conspirators for there to be an infraction. 

It’s not enough to have a plan to commit a crime. 

As a result, a defendant’s argument is to establish that no one involved in the scheme did anything to further it.

There has been a withdrawal

Even though a person conspires to commit a crime, if he withdraws from the conspiracy, he is not guilty. 

However, before someone commits an overt act, the person must signal the withdrawal.

For example: Marjorie and Prince agree to rob a car. 

Neither of them takes any steps to make this plan a reality

Marjorie later speaks with Prince and informs him that she no longer wants to be a part of the transaction.

Marjorie is not guilty of conspiracy in this case. 

However, she would be culpable if Prince bought the rubber gloves for the theft before she spoke with him.

3. What are the consequences of conviction on 182 PC Criminal Conspiracy Charges? 

A person who violates 182 PC in order to conduct a felony will be punished according to the severity of the underlying offence. 

If the accused is convicted of conspiracy to commit rape, for example, he might face up to eight years in jail, which is the maximum sentence for rape.

If convicted of plotting to conduct multiple felonies, the defendant will incur punishment for the most serious of the crimes.

Conspiracy to commit a misdemeanor is considered a wobbler.

It can therefore be charged as a misdemeanor or a felony.

If you are convicted of a misdemeanor or felony, you will face the following penalties:

  • a period of incarceration, 
  • as well as hefty fines

4. Are there any ramifications for immigrants?

A conviction for conspiracy law could have a negative impact on your immigration status.

According to the US immigration law, certain types of criminal convictions can result in: 

  • Deportation of a non-citizen, and 
  • a non-citizen who is deemed “inadmissible.”

Groups of “deportable” or “inadmissible” crimes include “crimes of moral turpitude” as well as “aggravated felonies.”

As a result, if a person conspires to conduct one of these offenses, he may suffer unfavorable immigration repercussions.

5. Is it possible to get a conviction expunged?

A person convicted of this crime is eligible for expungement if he meets the following criteria: 

  1. Effectively completes probation, or
  2. completes a jail sentence (whichever is relevant).

Even if a party violates a probation term, there is the possibility of having the offense expunged. However, this would be a matter of the judge’s discretion.

Under PenalCode1203.4, an expungement relieves an individual from almost “all penalties and disabilities” resulting from a conviction.

6. What effect does a conviction have on a person’s right to bear arms?

A conviction under this provision could jeopardize the defendant’s weapons rights.

Convicted felons are forbidden from obtaining or having a firearm in California, according to state law.

This means that an accused loses his right to own and possess a gun if he commits one of the following crimes:

  • he is either guilty of conspiracy to commit a felony, or
  • he is guilty of conspiracy to commit a misdemeanor that was charged as a felony.

7. Relation to other Offenses

There are four statutes which all relate to 182 PC Criminal Conspiracy. These include:

  • gang sentencing enhancement law –California PC 186.22
  • aiding and abetting – California PC 31,
  • accessory after the fact – California PC 32, and
  • attempt to commit an offense– California PC 664.

For more information and to learn your options:

We invite you to contact Spodek Law Group for more information or to speak with a criminal defense attorney about your case.


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

FREE CONSULTATION

Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

White Glove Service

We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.



Hear From Our Clients

"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
Read Our Reviews
Get In Touch

Schedule Your Consultation

Los Angeles

555 W 5th St 35th floor, Los Angeles, CA 90013

212-300-5196



get directions

Queens

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196



get directions

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196



get directions

Brooklyn

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196



get directions

Call Us