Conspiracy is a complicated and serious charge that can result in severe punishment. A conspiracy charge in Tulsa is governed by Oklahoma law, which defines conspiracy as an agreement between two or more people to commit a crime. However, in order to qualify as a true conspiracy, two or more people must take action to further the crime. For example, an agreement to rob a bank is not a conspiracy unless a party took steps towards actually robbing the bank, such as driving a get away car.
Other Ways to Commit Conspiracy
There are several other ways someone may be charged with conspiracy in Oklahoma other than agreeing to commit a crime. Agreeing to do one of the following will constitute a conspiracy as well:
- Falsely and maliciously to indict 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 a Conspiracy Charge
In order to secure a conviction, a prosecutor will have to prove each part of a crime’s definition beyond a reasonable doubt. These parts are called elements. The first element of a conspiracy charge requires an agreement by two or more persons. Second, the prosecution must present evidence that they agreed to commit a crime or one of the aforementioned activities. Third, there must be evidence that the defendant was a party to the agreement at the time it was made or knowingly entered into it later. Finally, the prosecution must show that any member of the conspiracy took an action to commit the crime.
The final element complicates the conspiracy charge, as the defendant did not have to be the one who actually took the action in furtherance of the crime. Anyone found guilty of conspiracy may face up to 10 years in prison if the conspiracy involved a felony.
Free Consultation: Tulsa Conspiracy Defense Lawyer
A conviction of conspiracy can carry lengthy prison sentences and fines. If you or anyone you know is faced with a conspiracy charge, please contact a Tulsa Criminal Defense Attorney to discuss your available legal options. Consult with an experienced attorney at the Tulsa Criminal Defense Law Firm today at (918) 256-3400, or call toll-free at 1-(888) 447-7262. If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.