We read on a regular basis about individuals charged with “conspiracy” to commit one offense or another. But just what does that mean? What is a conspiracy? What does the prosecution need to prove in order to obtain a conspiracy conviction? And what is the classification (and potential penalty) if you are convicted of conspiracy? While the conspiracy issue may be complex in some cases, in others it may be relatively simple. In order to begin to understand that issue, we need to discuss how conspiracy is defined under Arizona law.
Conspiracy Defined
The crime of conspiracy is defined in A.R.S. 13-1003. The statute says that there are several elements required in order to be guilty of the offense:
- Intent. As in most criminal cases, intent is a necessary element that must be proven (beyond a reasonable doubt) before you can be convicted. In this case, it is the intent to promote or to assist in conduct which would constitute a crime. While intent to commit the act is required, it is not necessary that the person know that such conduct is a crime. Ignorance of the law not a defense.
- Agreement. A conspiracy must involve more than one person, since it includes an agreement that the crime will be committed.
- Overt Act. In most cases, an overt act is required in order to complete the conspiracy. An “overt act” is any act by any one of the conspirators to accomplish the goal of the conspiracy, whether or not that goal is actually achieved. An overt act is not required where the object of the conspiracy is to commit a felony on the person of another, to commit first degree burglary (A.R.S. 13-1508), or to commit arson of an occupied structure (A.R.S. 13-1704).
Classification for Conspiracy
You might expect that the classification – if you are convicted of conspiracy – would be lower than the classification for commission of the crime itself. However, this is not the case. The classification, and therefore the potential penalty, for conspiracy to commit a particular crime is in most cases the same as for commission of the underlying crime. The exception to that rule is a conviction for a class 1 felony (first or second degree murder), which is punishable by life in prison with a minimum period of incarceration of 25 years.
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Phoenix, AZ 85004
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