Crimes involving people working together fall under the broad category of conspiracy, and there are many conspiracy laws on the federal and local levels. Conspiracy to commit a crime is a felony, even if the planned act is a misdemeanor. A business or person is in violation of criminal law in Rapid City SD if they do one or both of the following:
* Act with the purpose of committing a crime, or soliciting someone to commit a crime
* Agree to help someone or a business to commit or solicit someone to commit a criminal act
Conspiracy Charges: Advantages for the Prosecution
Conspiracy charges offer several advantages for prosecutors. The prosecution typically learns about conspiracies in their earliest stages; therefore, cases can be brought before a crime is committed. Prosecutorial teams can also charge multiple defendants at the same time, and present evidence against all simultaneously. Evidence is hard to assemble in these cases, making many judges sympathetic to the prosecution.
Types of Conspiracy
An issue very important to those charged with conspiracy is whether the prosecution tries to present the case in a “chain” or “hub and spoke” fashion:
* Hub and spoke conspiracies involve many conspiring with a central figure, and not amongst themselves.
* Chain conspiracies involve many parties that are part of a criminal “chain”. Defendants are responsible for the actions of all, even if the parties have never met.
Elements of Proof in a Criminal Conspiracy
The elements of proof needed in a conspiracy case are the agreement and an act to further the conspiracy. An agreement doesn’t have to be explicit, oral or written; it can be inferred from a case’s facts. Most statutes require that at least one party must commit an act to further the conspiracy.
Defenses in Conspiracy Cases
Due to the crime’s definition and the proof required, conspiracy has multiple defenses. Your lawyer may be able to have the case dismissed due to lack of evidence, or because there was no act of furtherance. Also, most states require that specificity take precedence over generality. If you can be charged with specific and general crimes with the same evidence, only the specific act can result in charges. If you have been accused of conspiracy to commit a crime, a lawyer that handles criminal law in Rapid City, SD can help you navigate the court system.
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