Facing a conspiracy to commit murder can result in serious penalties, so you want to defend yourself by working with an experienced criminal defense attorney. Typically, a conspiracy charge attracts the same penalties as someone charged with committing the offense. Due to this, you need to understand the legal provisions of the crime and establish a workable defense strategy. Thus, having an experienced legal team to guide you is essential.
At Leah Legal, we dedicate our time to elaborating on your case. We understand the uncertainties of a legal charge and your need to follow all court proceedings. Moreover, our team is well-equipped to specialize in your case, providing the attention to detail needed to persuade the judge of your innocence. Contact us for reliable assistance if you or a loved one requires criminal defense services in Van Nuys, California.
What Conspiracy to Commit Murder Entails
Facing arrest for conspiracy to commit murder can surprise you, especially because no conventional criminal action has occurred yet. Despite this, section 189 of the California Penal Code prohibits any type of agreement from committing murder and sets out penalties for anyone found guilty.
A Conspiracy to commit murder charge can raise several issues about when you may be guilty of the crime. The most commonly asked question is whether the charge applies only if you are present at the murder scene.
In response, judges have ruled that you may be guilty of conspiracy to commit murder even if you were not present at the scene. The rationale is that the judge focuses on whether you agreed to the crime, not the actual act of murder. Establishing this is important because your agreement implies forming a criminal intent to commit murder. Therefore, whether or not you proceed with the actions is a matter for later assessment.
You should also note that the presiding judge focuses on your involvement or association with other parties who agreed to murder. The consideration differs from other crimes, meaning that the prosecutor’s main goal is to establish your active participation in agreeing to the crime.
Thus, the three essential aspects relevant to a conspiracy charge revolve around making plans to kill someone and agreeing to participate. Thus, the presence of another party is necessary, and you must have spoken about committing murder. Although the prosecutor may not delve into the intricate details of how you intended to execute your plan, they should demonstrate that a plan was in place.
In some cases, evidence of your attempted murder may also be available. If so, the prosecutor is more likely to be successful in showing your guilty involvement. However, please note that you do not have to proceed with the planned actions to be guilty of a conspiracy charge. The prosecutor relies on the main elements of the crime to establish whether to present your matter for trial. In doing so, they will have identified the key areas to focus on towards showing your involvement.
Elements of the Crime
After the prosecutor officially files your matter, you will receive a trial date. A criminal trial allows the prosecutor to present their case against you as they attempt to show you are guilty of conspiracy to commit murder. Despite this, they must develop their case within a fair trial framework that aims to uphold your constitutional rights.
Firstly, the prosecutor should meet the burden of proof, which requires them to prove your case beyond a reasonable doubt. The requirement sets a high standard of evidence to ensure that if the judge finds you guilty, you do so for justifiable reasons.
Secondly, the prosecutor should prove you guilty of all elements of the crime. Without meeting this requirement, they will not have satisfied the high standard of proof for criminal cases. In return, the judge is less likely to issue a judgment against you, as the evidence is insufficient.
Having understood the importance of proving all elements of crime, you want to understand the various approaches that the prosecution team may take. This way, your criminal defense team can identify weaknesses in the prosecutor’s argument and raise them in the defense hearing.
The main elements of the crime for the prosecutor to prove are:
- You and Another Person/People Agreed to Kill Someone Intentionally
Firstly, the prosecutor must prove that you and the other suspects agreed to murder. The element is essential because it forms the basis for subsequent actions, attracting a conspiracy to commit a murder charge.
Usually, the prosecutor can present a case regardless of whether you made an express or implied agreement to commit the crime. Based on this, the prosecutor can retrieve evidence that may imply your agreement to participate. It includes appearing for subsequent meetings, participating in plans, and facilitating other offenders to purchase items to execute the crime with.
- As an Agreeing Partie, You Undertook Further Action to Actualize the Agreement
Secondly, the prosecutor should prove that you did not just agree to murder other suspects. They should demonstrate active steps towards promoting the idea to further their arguments against you. In doing this, they should target the specific action you participated in to actualize the agreement to commit murder.
- You Engaged in an Overt Act Related to the Agreement to Commit Murder
On top of showing that you participated in further action to promote the agreement, the prosecutor must focus on whether the action was overt. In this case, an overt action means any activity that demonstrates your intention to proceed with the murder. Overt actions often occur as you prepare to attack the victim, and you may participate as a group or individually.
What an Overt Act Entails
Since case circumstances differ from person to person, it is important to define what an overt act entails. Having a clear definition or examples, you can understand the possible defenses to apply to your case. Examples of overt acts considered in a conspiracy to commit murder case are:
Giving Someone Instructions on How to Commit Murder
Usually, planning to commit murder involves providing instructions on how to do it. This may involve explaining how to target the victim and the method to use in executing the offense. Additionally, the instructions can include details like dates, timelines, and clues to look out for when preparing for the crime.
Overall, the prosecutor focuses on the evidence available to show that you issued instructions. For example, the prosecution team could call on witnesses to reiterate the words you used when issuing instructions.
Additionally, they can retrieve text messages, emails, or any other communication means you used to deliver the instructions. The bottom line is that you should have directly involved yourself in action.
Purchasing a Lethal Weapon
Alternatively, the prosecutor can focus on showing that you purchased a lethal weapon to aid with the crime. Doing this is closely linked to murder because it demonstrates you are taking further action to actualize the plans you and others agree on.
Examples of lethal weapons that attract investigation officers and legal consequences include guns, pistols, rifles, knives, and machetes. In court, the prosecutor may produce receipts, surveillance footage, or witness statements detailing your purchases to cement your case further.
Moreover, they will establish a link between your purchase and the intention to murder by showing that you preserved the weapon for future use. This is in contrast to using the lethal weapon for other purposes unrelated to murder. For example, the prosecutor may need to prove that you did not buy a gun to participate in shooting activities for criminal purposes.
Renting a House or Room to Commit Murder
An overt act can also involve renting out a room or a house where you intend to commit murder. Your actions towards renting the house should show a direct link between the purchase/renting and the need to occupy a space to commit the crime.
Therefore, the investigating officers will source information that can serve as circumstantial evidence to demonstrate that you had a criminal intent to commit murder. Notably, you don't have to purchase or rent the home yourself.
Third parties linked to you can also attract law enforcement officers’ attention, leading to your arrest. Subsequently, you should discuss the best options to avoid legal responsibility with your defense attorney.
Planning for the Targeted Victim to Appear at the Agreed Crime Scene
If you plan on how to target the intended during the conspiracy to commit murder, it also counts as an overt act. Targeting the victim may mean planning to isolate them if they are in a group to make your attack easier.
Additionally, targeting the victim may involve depriving them of their liberty by kidnapping them or threatening them to follow you. As mentioned, you do not need to have undertaken these actions yourself. However, the prosecutor should show your direct involvement in planning the events.
Purchasing or Renting a Getaway Vehicle
Many crimes involve obtaining a getaway car to help with your escape. The vehicles are especially handy after committing a serious offense and are likely to raise the alarm immediately after executing it. Thus, obtaining a getaway car can be a sign of working towards advancing your plans to commit murder.
Since the prosecution team works closely with investigation officers, they will retrieve information about where and how you obtained the car. Moreover, you can expect the prosecutor to present the car details to ensure it matches the description.
Defenses Applicable in a Conspiracy to Commit Murder Charge
A defense hearing follows the prosecutor’s main case. It allows you to raise counterarguments and cast reasonable doubt on the prosecutor’s case, which is important. Further, your defense hearing is critical because you can present a new set of evidential sources that could significantly change the course of the case. The following are defenses you can rely on to fight a conspiracy to commit murder charge:
You Withdrew Your Agreement to Commit Murder
Firstly, you may argue that you withdrew your agreement to commit murder. Thus, your defense should demonstrate that you did not intend to proceed with the offense and that you informed your counterparts about it.
Making an express withdrawal from the conspiracy to commit murder is necessary, so you want to provide evidential sources of this. Express withdrawal can be instrumental in solidifying your defense because it alerts other parties intending to do wrong that they can no longer depend on you. This way, investigation officers do not have any doubt about you still working with the other suspects.
The Prosecutor Did Not Present Evidence on Your Overt Act
Since overt acts are critical to showing that you involved yourself in a conspiracy to commit murder, the prosecutor must present sufficient evidence on it. Failure to do so reduces the credibility of their case, giving you a chance to cast reasonable doubt.
Subsequently, you may raise issues with the prosecutor’s approach, specifically the insufficient evidence to show your participation. Your defense lawyer can also target the inadmissibility or irrelevance of the prosecutor’s evidence to demonstrate the lacking nature of their case further.
If successful, the defense may not completely absolve you of criminal responsibility. Nevertheless, it may help secure a lenient sentence, which can be important for your case.
Your Case Involves Mistake of Fact
Sometimes, your words may need to be understood more as an intention you did not have. For example, if the investigation officer or complainant who reported your case acted based on insufficient information, they may cause your unfair arrest. They may do this if a mistake of fact occurs and they misunderstand your conversations with other parties accused of conspiracy to commit murder.
When raising your defense, your defense lawyer should ensure that your case demonstrates the error in fact, versus the actual events as they occurred. Subsequently, you will need to recount the facts from your perspective and provide evidence to support your claims. Doing this may be demanding, but building a strong case can increase your chances of securing an acquittal.
The mistake defense can also apply where you face unfair arrest based on mistaken identity. For example, if you share a name with one of the targeted suspects, the investigation officers may target you mistakenly, resulting in your trial. If so, you should raise the issue at the earliest opportunity to help you draw the court’s attention to the issue.
You Did Not Intend to Commit Murder
Further, you can defend yourself by stating that you did not intend to commit murder. The defense will raise issues with the prosecutor’s basic premise for your case. Thus, your legal team will conduct in-depth research to ensure they present a solid case to persuade the judge.
Usually, claiming that you did not intend to commit murder can change the course of your case significantly. For example, the judge may reduce murder to manslaughter penalties if your defense is compelling.
Alternatively, you may receive an acquittal if you show that you withdrew your participation in the agreement and did not intend to commit murder. Hence, combining this defense with the first discussed is beneficial, provided you support the arguments with sufficient evidence.
Penalties for Conspiracy to Commit Murder
If your defenses do not convince the judge of your innocence, they will find you guilty and schedule a sentencing hearing. During the court session, you will learn the penalties you face based on your case circumstances, among other considerations.
Notably, conspiracy to commit murder charges will attract the same charge as committing murder. Consequently, you may face first-degree penalties applicable in California. The judge may sentence you to twenty-five years to life detention in state prison.
However, you may be eligible for a sentence reduction if you prove that you did not intend to commit murder. You can do this by solidifying your defenses with credible evidence to dispute the prosecutor’s claims. If successful, the judge will issue a manslaughter penalty instead of first-degree penalties.
Manslaughter falls within the felony category and attracts a sentence of between three, six, or eleven years in state prison. Based on this, you need to consult your attorney on the best approach to show that you did not intend to kill, despite facing conspiracy to commit murder charges.
Contact a Criminal Defense Attorney Near Me
When you or a loved one faces conspiracy to commit murder in Van Nuys, the first step should be contacting a criminal defense attorney to assist with the case. Doing so can raise your chances of a favorable case outcome because your attorney will help develop persuasive defenses. Moreover, having a legal team working on your case can help you view the case from a different perspective. Hence, you are better positioned to remember important facts that can be instrumental to your defenses.
With Leah Legal, you have access to a dedicated and experienced team equipped to handle your case. Our role is to provide guidance, research, and develop defenses for presentation in court. Further, we remain open to communicating with the prosecutor on your behalf and negotiating deals where possible. With our team working on your case, you can look forward to having a smooth criminal trial and better chances of a favorable outcome. For more information on conspiracy to commit murder charges, call us today at 818-484-1100.