Conspiracy: Understanding the Charges & Penalties
The idea of a conspiracy typically brings to mind crime novels and more sensational situations, but conspiracy to commit a crime is a serious offence, and one that can vary in the way it is addressed. The charges can be complex, and it’s important to know the laws behind them.
Conspiracy laws fall under Georgia Code Title 16, Section 16-4-8. “A person commits the offense of conspiracy to commit a crime when he together with one or more persons conspires to commit any crime and any one or more of such persons does any overt act to effect the object of the conspiracy…”
The law also includes a provision that states “A person may be convicted of the offense of conspiracy to commit a crime, as defined in Code Section 16-4-8, even if the crime which was the objective of the conspiracy was actually committed or completed in pursuance of the conspiracy, but such person may not be convicted of both conspiracy to commit a crime and the completed crime.“
In Georgia, someone can be charged with both the committed crime and the conspiracy to commit it, but they can only be convicted of one or the other.
Conspiracy: Misdemeanor or Felony
Conspiracy charges can apply to both misdemeanors and felonies. Though typically it is used in felony prosecutions. If there are two or more people planning a crime, it falls under the umbrella of conspiracy, regardless of severity. Conspiracy can apply to major crimes like murder, but also to charges involving lesser crimes, such as drug offenses.
With felony charges, the punishment can be dramatically different depending on whether someone is convicted of the completed crime, or the conspiracy. If you are facing conspiracy charges, make sure you fully understand the charges against you, and consult with your lawyer immediately.
If you are facing conspiracy charges in Georgia, we can help. At ATC Law, our criminal defense attorneys, Pat McDonough and Trinity Hundredmark, are some of the state’s most respected and sought-after defense lawyers. Our goal is to ensure the best possible outcome for you and your family, no matter the circumstances of your case. Call our office at 770-822-0900 for more information or to request a case evaluation.