Getting involved in a conspiracy is a serious offense that can lead to lengthy jail sentences and complicated legal problems.
Because conspiracy charges in Oklahoma are complex to understand and defend, contact an experienced Okmulgee criminal defense lawyer if you face this situation.
He can help you to understand the conspiracy charges in Oklahoma that have been brought against you and your possible legal defenses.
Understanding Conspiracy Charges in Oklahoma
It is considered conspiracy in Oklahoma to enter into an agreement between two or more people to commit a crime. However, the agreement is not enough. Okla. Stat. tit. 21 § 421
In order to be considered a “conspiracy,” at least one of the parties must have taken a step towards carrying out the criminal act. Okla. Stat. tit. 21 § 423
For example, an agreement between Defendant A and B to rob a bank is not a conspiracy unless either A or B took a step towards committing the crime, such as purchasing the gun used to rob the bank.
If charged with conspiracy, the state will hold you responsible for all crimes that were committed as a part of the conspiracy, whether you yourself committed them or not.
Consider, for example, Defendant A has entered into a conspiracy with Defendants B and C to rob a bank.
If, during the course of the robbery Defendant C suddenly shot and killed a bank teller, both Defendants A and B will also be charged with felony murder, even if the killing was never part of the plan.
A guilty conviction may lead to 10 years in prison if the conspiracy involved a felony crime.
Alternate Ways to Commit Conspiracy
The state of Oklahoma also defines the following as acts of conspiracy:
- Falsely and maliciously indicting another for any crime, or to procure another to be charged or arrested for any crime; or
- Falsely to move or maintain any suit, action, or proceeding; or
- To cheat and defraud any person of any property by any means which are in themselves criminal, or by any means which, if executed, would amount to a cheat or to obtaining money or property by false pretenses; or,
- To commit any act injurious to the public health, to public morals, or to trade or commerce, or for the perversion or obstruction of justice or the due administration of the laws, they are guilty of a conspiracy.
Proving Conspiracy Charges in Oklahoma
In order to secure a guilty conviction of conspiracy, a prosecutor must prove each of the following elements:
1) First, an agreement by two or more persons.
2) Second, the prosecution must present evidence that they agreed to commit a crime.
3) Third, a prosecutor must present evidence that the defendant was a party to the agreement either at the time it was made or knowingly entered into it later.
4) Finally, the prosecution must show that any member of the conspiracy took an action to commit the crime.
Low-cost Consultation: Okmulgee Conspiracy Defense Lawyer
A conviction of conspiracy can carry lengthy prison sentences and fines.
If you or someone you know faces conspiracy charges in Oklahoma, call 918-756-9600 now for a low-cost strategy session at Wirth Law Office – Okmulgee.
Or, enter your legal question or concern in the form at the top right of this page, and one of our attorneys will promptly return your message.
