Conspiracy is a complicated and serious charge that can result in severe punishment. A charge of conspiracy in Muskogee is governed by Oklahoma law, which defines a conspiracy crime as an agreement between two or more people to commit a crime.
However, in order to qualify as a true conspiracy crime, two or more people must take action to further the crime. For example, an agreement to rob a bank is not a conspiracy unless a party took steps towards actually robbing the bank, such as driving a get away car.
Other Ways to Commit Conspiracy
There are several other ways someone may be charged with conspiracy in Oklahoma other than agreeing to commit a crime. Agreeing to do one of the following will constitute a conspiracy crime as well:
1. Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime; or
2. Falsely to move or maintain any suit, action or proceeding; or
3. To cheat and defraud any person of any property by any means which are in themselves criminal, or by any means which, if executed, would amount to a cheat or to obtaining money or property by false pretenses; or,
4. To commit any act injurious to the public health, to public morals, or to trade or commerce, or for the perversion or obstruction of justice or the due administration of the laws, they are guilty of a conspiracy.
Proving A Conspiracy Crime
In order to secure a conviction, a prosecutor will have to prove each part of the crime’s definition beyond a reasonable doubt. These parts are called elements.
The first element of conspiracy requires an agreement by two or more persons.
Second, the prosecution must present evidence that they agreed to commit a crime or one of the aforementioned activities.
Third, there must be evidence that the defendant was a party to the agreement at the time it was made or knowingly entered into it later.
Finally, the prosecution must show that any member of the conspiracy took an action to commit the crime. The final element complicates the charge of conspiracy, as the defendant did not have to be the one who actually took the action in furtherance of the crime.
Anyone found guilty of a conspiracy crime may face up to 10 years in prison if the conspiracy involved a felony.
Low-cost Consultation: Muskogee Conspiracy Defense Lawyer
A conviction of a conspiracy crime can carry lengthy prison sentences and fines. Contact an experienced Muskogee criminal defense lawyer as soon as possible to protect your legal rights.
Call the Wirth Law Office-Muskogee today at 918-913-0725, or toll-free at 1-888-447-7262 [Wirth Law].
