Georgia Criminal Defense Lawyer Blog
O.C.G.A. §16-4-8 is the Georgia statute that defines the criminal offense of conspiracy to commit a crime. The conspiracy itself is a separate crime from the underlying offense. Here are the key points about this law:
Definition: A person commits conspiracy in Georgia when they, together with one or more other persons, conspire to commit any crime and any one of them does an overt act to effect the object of the conspiracy.
These 2 conditions must be met to be considered conspiracy:
- An agreement between two or more people to commit a crime
- Commit an overt act by at least one person to further the criminal conspiracy
What Are the Conviction Penalties for Conspiracy?
- For conspiracy to commit a felony: Imprisonment for 1 year to half the maximum sentence for the felony conspired, and/or up to half the maximum fine.
- For conspiracy to commit a misdemeanor: Punished as a misdemeanor.
- For conspiracy to commit a felony Georgia: Punished as a felony.
- For conspiracy to commit a crime punishable by death or life imprisonment (conspiracy to commit murder georgia): One to ten years imprisonment.
This statute ensures that the punishment for conspiring to commit a misdemeanor is consistent with the punishment for the misdemeanor itself.
A person can be convicted of conspiracy even if the planned crime was actually completed (per O.C.G.A. §16-4-8.1). Each conspirator is responsible for the acts of the others in furtherance of the conspiracy. Plus, the agreement doesn’t need to be formal or written; it can be inferred from conduct.
This law is distinct from the general attempt statute (O.C.G.A. §16-4-1) and the criminal solicitation statute (O.C.G.A. §16-4-7).
Understanding this law is crucial for both prosecutors and defense attorneys in Georgia criminal cases involving multiple defendants or complex criminal schemes.
The Most Common Types of Conspiracy Offenses We Handle
- Drug possession, distribution, or trafficking
- Distribution of obscene materials
- Mail or wire fraud
- Money laundering
Successful Defenses Against Conspiracy Charges
Lack of Agreement: Proving that no agreement was actually reached among the alleged conspirators can serve as a defense, since agreement is a crucial element of conspiracy.
Sole Planning: Conspiracy requires at least two people to be involved. If only one person planned the crime, conspiracy charges cannot apply.
Withdrawal from the Conspiracy: If the defendant took substantial steps to discontinue their involvement, such as informing authorities before the crime was executed or ceasing all actions related to the planned crime, this can be used as a defense.
Lack of Intent: Demonstrating that there was no intent to actually carry out the crime that was allegedly being planned.
Lack of Overt Act: Showing that no overt act was taken in furtherance of the conspiracy. Georgia law requires an overt act by at least one conspirator.
Abandonment of Effort: If a person voluntarily and completely abandons their effort to commit the crime or prevents its commission, this can be a defense. However, merely postponing the crime or fleeing due to fear of getting caught does not constitute abandonment.
Entrapment: If the defendant can prove their conduct was induced or solicited by a government officer for the purpose of obtaining evidence, this may serve as a defense.
Coercion: In some cases, showing that the defendant was coerced into participating in the conspiracy through force or threats may be a defense, though this does not apply to murder cases.
Procedural Defenses: Challenging the legality of searches, seizures, or other procedural aspects of the investigation and arrest.
It’s important to note that the effectiveness of these defenses depends on the specific circumstances of each case. Consulting with an experienced criminal defense attorney is crucial for developing the most appropriate defense strategy for a conspiracy charge in Georgia.
If you are in Georgia got charged with conspiracy but do not know why call our criminal defense law firm right away at (404) 567-5515 and tell us what happened.