Category Archives for Conspiracy

Aiding and Abetting

Aiding and Abetting

Aiding and abetting is not a specific crime itself. Its a case that can happen in crimes. Usually this means that another person helpedAiding and Abetting someone else commit a crime in one way o  another. To be charged with Aiding and Abetting, four conditions have to be met. 1. The perpetrator committed the crime. 2. The you knew that the perpetrator intended to commit the crime. 3. Before, or during the commission of the crime, the you intended to aid and abet the perpetrator in committing the crime. 4. Your words or actions did aid and abet the perpetrator’s commission of the crime. “Aiding and Abetting” means to know the perpetrator’s intent and that you helped, aid, or encouraged the perpetrator’s crime. If all the requirements are true then you actually have to be at the scene of the crime when it was committed to be considered aiding and abetting. So what does this mean if you just see someone committing a crime? In some cases people may see this as turning a blind eye. In some cases they may consider this aiding and abetting since you let the crime happen. However that is not always possible. Not a lot of people are willing to take the risk to stop a crime. This means that although you may be at the scene of a crime or fail to prevent a crime does not make you an aider and abettor. However even if you did help someone in planning a crime, you are not guilty of that crime if you choose to leave before the crime is committed. However to withdraw two things must happen. 1.You must tell everyone else in the group that was planning to commit the crime that you are no longer participating. It must be done early to prevent the crime from happening. 2. You must do everything reasonably in your power to prevent the crime from happening. The crime itself may still happen but the important thing is that you have to try to prevent it.

If you or a loved one was charged with aiding and abetting a crime, have an attorney look over your case.

Street Gang PC 186.22a

Active participation in Criminal Street Gang PC 186.22a

Actively participating in a gang can lead to some serious run ins with the law. In order to be charged with participating in a criminal street gang may seem simple but you do have to meet certain conditions. 1. You actively take part in a criminal street gang. 2. When you participate in a gang, you knew that the gang engage or have engaged in criminal gang activity. 3. You intentionally assisted in activities that promoted criminal conduct by directly/actively committing the felony or by aiding it in some way. Active participation in a gang is involvement with the gang that is active and is not passive or just in name only. This doesn’t mean that all or a substantial amount of your time goes to the gang. Legally a criminal street gang is a group that consists of three or more people. It has a common name or sign or symbol that identifies it. And as its main activities include crimes. And that the members of that organization whether together or alone engage in gang activity. This doesn’t mean that crimes committed by the members makes it a gang. The crimes have to be the central focus of the group to be a criminal street gang. An active gang would mean that crimes have been committed withinstreet gang three years of one of the earlier crimes. And that the crimes were committed on separate occasions or were personally committed by two or more people.

Punishments for Active Participation in Criminal Street Gang

Being in a criminal street gang in itself is a wobbler. That means that the crime can be either a misdemeanor or a felony depending on the facts of the case and your criminal history. As a misdemeanor you can see up to a year in jail. As a felony you can see up to 3 years in prison. These punishments are just for being in an active street gang however. If you performed crimes as part of a gang then you will get the usual punishment for the crime with the street gang enhancer.

Conspiracy PC 182

Conspiracy

Conspiracyconspiracy happens when two or more people agree to commit a crime and that they agree to commit the crime in that meeting. Anyone in the meeting can commit the act but the meeting has to happen before the actual crime to be considered a conspiracy. Its important to note that its not the acts itself that have to be criminal. A hand signal to give other conspirators an okay-go that was discussed during the conspiracy to do a crime will be used as evidence. Its also possible to be guilty of conspiracy even if you didn’t want to agree to the crime. This is because conspiracy is a separate charge from the actual crime. Lastly there doesn’t also have to be any type of formal agreement between those involved in the meeting. If there was evidence showing the conspirators mutually working to do a crime it can be seen as a conspiracy.

Punishments for Conspiracy

Depending on the facts of the case then  you can be charged or acquitted for conspiracy and/or the crime. For conspiring against government officials you can see up to 9 nine years in prison. Conspiracy for one or more felonies can see up to 8 years in prison, if there was two or more felonies its the most severe sentence. conspiracies for defrauding can be a misdemeanor or a felony. As a misdemeanor you may see up to a year in jail and a max $10,000 fine. as a felony you can see up to 3 years in prison with the same fine. Even crimes that would not be a felony such as stealing can still convict the actual conspiracy itself as a felony. The punishments will be similar to the above.

Conspiracy is a very riddled topic and can be contradicting at times. If you were convicted of a conspiracy speak to an attorney.