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Criminal Conspiracy Charges In Las Vegas, Nevada
When two or more people come to a mutual understanding with the intent of committing an unlawful act, they can be held liable for conspiracy charges. Even if the crime is never carried out, all involved parties are still guilty of illegal conduct. Simply agreeing to commit said deed is enough for one’s culpability. Both Nevada and federal criminal statutes provide for the separate charging of conspiracy as a crime.
Not only will the individuals who formed an agreement be held accountable for whatever crime was committed, but they may also face separate charges of conspiracy to commit said crime. Bear in mind that if convicted on both charges, penalties such as imprisonment and fines are substantially higher than if charged with just one offense. Don’t let any criminal activity go unnoticed, justice can still prevail when there is evidence of a pre-existing plan or organized effort between two or more parties.
The stakes are high when facing conspiracy charges in Nevada, making it essential to enlist the experienced defense of an aggressive Las Vegas criminal conspiracy attorney. At the Spartacus Law Firm, our criminal defense team applies its investigative background and extensive expertise in local courts to formulate a zealous defense strategy that seeks resolution at every turn. Reach out today for your complimentary initial consultation and to learn more about how we can help.
Nevada Criminal Conspiracy Laws
In Nevada, when two or more individuals make an arrangement to engage in any criminal activity, each person can be guilty of conspiracy as well as any other charges originating from the pact. The classification of the conspiracy offense depends on what crime was part of their agreement. Punishments for these crimes will differ based on their severity.
In Nevada, a critical aspect of the charge for conspiracy is that proof of an overt act does not need to be established. Thus, when two or more persons come together in agreement to commit any illegal activity, each individual can face charges even if no steps are taken toward executing it. This differs from federal laws regarding this particular crime; however, states have their own regulations concerning conspiracies.
Nevada legislation does not require an overt act for conspiracy charges; however, the prosecutor must establish that a crime was indeed plotted beyond all reasonable doubt. Presenting awareness of a conspiracy or even being present when others conspire is insufficient to validate such allegations. Certain conspiracies are grouped as category B felonies in Nevada and include hatching plots to commit:
- Murder
- Robbery
- Sexual assault
- Kidnapping, first or second degree
- Arson, first or second degree
- Involuntary servitude
- Identity theft
Federal Criminal Conspiracy Laws
The federal government has a general statute that covers most conspiracies, which states that any collusion of two or more people to break the law is punishable by fines and/or imprisonment for up to 5 years. However, it must be proven that at least one person acted in furtherance of the plan. In comparison with Nevada’s conspiracy charge, this carries an additional burden: evidence revealing someone also took steps towards executing the crime.
According to the statute, when two or more persons conspire to commit a federal crime or defraud the US and one of them takes action toward carrying out their agreement – all parties can be charged with conspiracy. Similarly in Nevada, if a criminal offense is brought to fruition then this may lead to an additional charge for conspiracy alongside other relevant charges.
When a crime is categorized as a misdemeanor, the maximum punishment for conspiracy cannot exceed that of the offense in question. As such, adding on this federal charge can effectively double an individual’s penalty. Furthermore, there are numerous criminal-specific statutes designed to punish those accused of conspiring to commit certain offenses – all punishable under federal law.
- Commit federal racketeering
- Monopolize trade
- Restrain trade
- Commit the federal crime of sports bribery
- Conspire against citizens’ rights
Penalties For Criminal Conspiracy Charges In Nevada
Conspiracy to commit murder is a serious crime and carries severe penalties. A violator may face 2 to 10 years of imprisonment, along with a fine of up to $5,000. For other category B felonies, the sentence can potentially be 1 to 6 years of incarceration.
Deliberately taking part in a racketeering plan is considered an unforgivable category B felony. If convicted, the offender will face severe consequences such as 5 to 20 years of imprisonment and a hefty fine of up to $25,000.
Engaging in a conspiracy to commit any crime in Nevada is considered a gross misdemeanor, punishable by up to 1 year of prison time and/or a fine of up to $2,000. Furthermore, if two or more individuals create an agreement for any of the following activities they can each be charged with this same offense:
- Falsely and maliciously cause another person to be arrested or investigated for a crime
- Falsely initiate or maintain a legal action
- Cheat or defraud someone of property by illegal or fraudulent means
- Prevent a person from practicing a lawful trade or from doing another lawful act by use of force, threats, or intimidation
- Interfere or threaten to interfere with any tools or property of a person or with the use of those tools or property
- Commit an act “injurious to the public health, public morals, trade or commerce, or for the perversion or corruption of public justice or the due administration of the law”
- Accomplish any criminal or illegal purpose
- Accomplish a legal purpose by using criminal or illegal methods
The penalties associated with federal or state-level conspiracy charges can be harsh and require assistance from a skilled Las Vegas criminal conspiracy attorney to mitigate them. Don’t leave your freedom to chance, contact our office today to begin building your defense to combat these charges.
Admissibility Of Hearsay Statements Made By A Coconspirator
Hearsay statements may be admitted into evidence, where the statement is made by a coconspirator of a party during the course and in furtherance of the conspiracy under subdivision 3(e) of NRS 51.035; however, application of the coconspirator exception is contingent upon a showing, by independent evidence, that a conspiracy existed. The amount of independent evidence necessary to prove the existence of a conspiracy may be slight, and it is enough that only prima facie evidence of the fact is produced. Peterson v. Sheriff, Clark County, 95 Nev. 522, 598 P.2d 623, 1979 Nev. LEXIS 597 (Nev. 1979).
Evidence of the date or dates of the alleged offenses are essential in order to apprise the defendant of the facts surrounding the alleged events, and the absence of such evidence is fatal to an indictment charging the crime of conspiracy to swindle pursuant to this section. Grant v. Sheriff, Clark County, 95 Nev. 211, 591 P.2d 1145, 1979 Nev. LEXIS 567 (Nev. 1979).
Frequently Asked Questions
What Two Forms of Criminal Conspiracy Exist?
The way in which prosecutors choose to portray organized crime as either a “hub-and-spoke conspiracy” or a “chain conspiracy” can significantly impact the parties accused of taking part in such criminal activities. It is therefore an essential legal procedure for those being held accountable.
Participating in a hub-and-spoke conspiracy will bring you one step closer to exoneration, whereas being part of a chain conspiracy may leave you implicated. That’s because, with the former, your acts can be viewed as distinct from those who were involved with other illicit activities – even if they are connected via another participant. On the contrary, all members of an illegal chain regardless of their relationship or lack thereof with each other are held accountable for their wrongdoing.
What Are The Defenses Of Criminal Conspiracy Charges?
Proving conspiracy charges in Nevada can be an arduous task for prosecutors, particularly when there is no tangible evidence of any arrangement. Here are three defenses against such allegations:
- There was no agreement. It is not illegal to be aware of or discuss an agreement to commit a crime. If the District Attorney cannot prove that an individual was part of an actual pact with intent to break the law, criminal conspiracy charges should not hold up in court.
- The agreement was lawful. Agreements remain legally binding unless they consist of any criminal activity. When there is not enough proof that the defendant consented to break the law, it would be in the court’s best interest to dismiss any conspiracy charges filed against them.
- The evidence is inadmissible. If a criminal conspiracy attorney in Las Vegas is able to persuasively argue that the police found evidence through an unlawful search and seizure, they can file a motion to suppress such evidence. Should the court grant this request, it may leave prosecutors with insufficient proof against their defendant and force them to drop all charges.
Not only is it not a conspiracy if the defendant’s co-conspirator was an undercover police officer, but if law enforcement enticed them into making an agreement they would not have otherwise made on their own, then the District Attorney should dismiss any potential case. There are many nuances to these types of charges which is why it’s so important to have an experienced Las Vegas criminal conspiracy lawyer in your corner to help you build the best possible defense.
Evidence was insufficient to sustain defendant’s conviction for conspiracy to rob a victim where, although defendant and his coconspirators agreed to enter the store to commit a larceny, the testimony at trial failed to prove the existence of a separate and distinct agreement between the three men to rob a specific victim in the store. They did not know of the victim when they entered the store, and there was insufficient evidence to establish an agreement to rob that man once in the store. Garcia v. State, 121 Nev. 327, 113 P.3d 836, 121 Nev. Adv. Rep. 33, 2005 Nev. LEXIS 36 (Nev. 2005), dismissed, 132 Nev. 970, 2016 Nev. Unpub. LEXIS 115 (Nev. 2016).
Are Solicitation and Conspiracy the Same Offense in Nevada?
The crimes of solicitation and conspiracy are distinct. When a person is solicited, they are asked to do something unlawful on the requester’s behalf while conspirators collaborate together towards committing an offense jointly. A key distinction between these two offenses comes from Nevada law; in court cases prosecuted federally, it is necessary for prosecutors to demonstrate that both individuals have actively participated in the criminal enterprise as well as been involved with one another’s actions.
- The defendant made an agreement to commit a crime with at least one other person, and
- The defendant carried out the agreement.
A person can be prosecuted for conspiracy even if they do not actively contribute to the intended crime – mere agreement to breach the law is sufficient. Therefore, state-level charges are easier to prove than federal ones, since a defendant’s overt actions need not be unrevealed. As such, conviction rates of these offenses tend to be high – making it imperative that one consults with an experienced Las Vegas criminal conspiracy attorney before facing trial.
What Crimes Are Similar To Criminal Conspiracy?
Conspiracy may be conflated with solicitation or attempt, though only one person is charged in these instances. Additionally, the following conditions must also be met:
- Solicitation – Encouraging or offering something of value in exchange for someone to commit a crime or unlawful act is considered bribery.
- Attempt – To be convicted of a crime, an individual must have the intention to commit it and take active steps beyond mere preparation or planning.
What Are The Consequences Of Criminal Conspiracy Charges?
1. Except as otherwise provided in subsection 2, whenever two or more persons conspire to commit murder, robbery, sexual assault, kidnapping in the first or second degree, arson in the first or second degree, involuntary servitude in violation of NRS 200.463 or 200.464, a violation of any provision of NRS 200.465, trafficking in persons in violation of NRS 200.467 or 200.468, sex trafficking in violation of NRS 201.300, facilitating sex trafficking in violation of NRS 201.301 or a violation of NRS 205.463, each person is guilty of a category B felony and shall be punished:
(a) If the conspiracy was to commit robbery, sexual assault, kidnapping in the first or second degree, arson in the first or second degree, involuntary servitude in violation of NRS 200.463 or 200.464, a violation of any provision of NRS 200.465, trafficking in persons in violation of NRS 200.467 or 200.468, sex trafficking in violation of NRS 201.300, facilitating sex trafficking in violation of NRS 201.301 or a violation of NRS 205.463, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years; or(b) If the conspiracy was to commit murder, by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years,and may be further punished by a fine of not more than $5,000.2. If the conspiracy subjects the conspirators to criminal liability under NRS 207.400, they shall be punished in the manner provided in NRS 207.400.(a) To commit any crime other than those set forth in subsections 1 and 2, and no punishment is otherwise prescribed by law;(e) To prevent another from exercising any lawful trade or calling, or from doing any other lawful act, by force, threats or intimidation, or by interfering or threatening to interfere with any tools, implements or property belonging to or used by another, or with the use or employment thereof;(f) To commit any act injurious to the public health, public morals, trade or commerce, or for the perversion or corruption of public justice or the due administration of the law; or(g) To accomplish any criminal or unlawful purpose, or to accomplish a purpose, not in itself criminal or unlawful, by criminal or unlawful means,each person is guilty of a gross misdemeanor.
Is Time A Factor In Criminal Conspiracy Cases?
Evidence of the date or dates of the alleged offenses are essential in order to apprise the defendant of the facts surrounding the alleged events, and the absence of such evidence is fatal to an indictment charging the crime of conspiracy to swindle pursuant to this section. Grant v. Sheriff, Clark County, 95 Nev. 211, 591 P.2d 1145, 1979 Nev. LEXIS 567 (Nev. 1979).
Contact Our Las Vegas Criminal Conspiracy Attorney Today
If you’re facing federal or state conspiracy charges in Nevada, it is essential to have a knowledgeable and steadfast Las Vegas criminal conspiracy attorney willing to fight for your rights. Chandon Alexander of the Spartacus Law Firm understands the laws and courts in Clark County as well as how to investigate evidence thoroughly. He can create an effective plan tailored specifically for you that provides the best possible legal defense. Don’t let a conviction affect your future; get the experienced representation you need. Contact our office today for a consultation and to learn more about how we can help.