Virginia Beach Conspiracy Lawyer
A Virginia Beach conspiracy lawyer can answer any questions regarding a situation involving conspiracy. Conspiracy is an agreement between at least two parties to commit a crime. Many times, two people arrested together in a crime or trying to commit a crime are charged with conspiracy. The idea is that they worked together and they had a joint plan to carry out a crime. Talk to a professional lawyer for more information.
Overt Act in Conspiracy Cases
An overt act is something that it is obvious. It is more than talking or planning to commit a crime. For example, if a person plans to rob a bank they might buy a gun. Virginia does not require an overt act to prove a conspiracy. That is the difference between Virginia law and federal law. Under federal law, the prosecutor must show the overt act. In Virginia, prosecutors just have to show an agreement between the parties. A person can be charged with conspiracy and the underlying offense when there are multiple people involved. They charge the person with both crimes.
Unjustly Accused of Conspiracy
The most common scenario in which the person was unjustly accused of conspiracy is when they were in the wrong place at the wrong time with somebody who shoplifted from a store. However, they had no idea the other person shoplifted. The person could, in theory, be charged with conspiracy because it appeared the two were together. But that does not mean the person had anything to do with shoplifting. The Commonwealth must prove more than just presence. However, the person could end up getting arrested and then have to go court and fight the charge. Talk to a Virginia Beach conspiracy lawyer for more information.
Legal Penalties for Conspiracy Charges
Conspiracy to commit a felony in Virginia is punished as a felony depending on the person’s charges. A conspiracy to commit a capital murder is punishable by up to 20 years in prison. Conspiracy to commit other felonies is punishable by up to 10 years in prison.
Kinds of Offense Planned
The type of crime affects what the conspiracy could be. Also, the penalty for the conspiracy cannot exceed the penalty for the underlying felony. When a person is charged with a felony that carries up to five years in prison, at most, the conspiracy charge could carry up to five years. Beyond the maximums when handing out a sentence, judges take into account what the person allegedly conspired to do. A Virginia Beach conspiracy attorney can speak more towards penalties.
Aggravating Factors
One factor that may increase the penalties is the number of people involved in the conspiracy. Other factors include the type of crime that was planned or carried out under the conspiracy and how far along the conspiracy went. Was it caught in the early planning stages or was this something the person committed a number of times before being caught?
Virginia Beach Sentencing System
The sentencing system in Virginia Beach is related to the underlying charges and involves the sentencing guidelines. When determining the penalty for the conspiracy the first thing to consider is what the conspiracy was for. The options range: embezzlement, conspiracy, or something similar. Usually, the penalties for a conspiracy are lower than they are for the underlying charge. Consult with a Virginia Beach conspiracy lawyer for more legal advice.
