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NY Penal Law § 105.05: Conspiracy in the fifth degree

If you plan with one or more other people to commit a felony, then you have already committed a crime. The crime of conspiracy involves making an agreement with others to commit a crime. There are 6 criminal conspiracy crimes in the New York criminal code. The prosecutor will determine the specific conspiracy charge that you will face based on your age, the age of those with whom you conspire, and the crime involved. Conspiracy in the fifth degree is one of 2 conspiracy offenses that are misdemeanors. Under New York Penal Law section 105.05, you have committed the crime of conspiracy in the fifth degree if:

  1. Intending to commit a felony you agree with one or more people to commit that felony, or
  2. You are over 18 years old, you intend to commit a crime and agree with one more people who are under 16 years old to commit that crime.

John who was 19 years old and his 15 year old brother, Tito, planned to rob a local convenience store. Over a course of several weeks they visited the store regularly to figure out the store's traffic patterns and the habits of the employees. They also illegally purchased 2 firearms to use during the robbery. After weeks of planning, they finally held up the convenience store using masks and guns. They got away with $500 in cash. However, they were both apprehended a few days later. Among other charges, John could be charged with conspiracy in the fifth degree since he was over 18 years old and planned a felony with a person who was under 16 years old.

Related Offenses
  1. Conspiracy in the sixth degree: New York Penal Law section 105.00
  2. Conspiracy in the fourth degree: New York Penal Law section 105.10
  3. Conspiracy in the third degree: New York Penal Law section 105.13
  4. Conspiracy in the second degree: New York Penal Law section 105.15
  5. Conspiracy in the first degree: New York Penal Law section 105.17

If you did not make an agreement with another person to commit a crime, then you have a valid defense to a conspiracy charge. Another defense would be duress. For example, if someone made you participate in the crime by threatening to cause you or a third party physical harm, then the prosecutor would have a hard time proceeding with the case against you.


As a Class A misdemeanor if you are convicted of conspiracy in the fifth degree your sentence may include a jail term of up to a year, a probation term of up to 3 years, and a fine.

New York Penal Law section 105.05: Conspiracy in the fifth degree

A person is guilty of conspiracy in the fifth degree when, with intent that conduct constituting:

  1. a felony be performed, he agrees with one or more persons to engage in or cause the performance of such conduct; or
  2. a crime be performed, he, being over eighteen years of age, agrees with one or more persons under sixteen years of age to engage in or cause the performance of such conduct.
New York Conspiracy in the Fifth Degree Lawyer

Even though conspiracy in the fifth degree is a misdemeanor and not a felony, it is still important to have experienced representation. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully defending clients in New York criminal courts who have been charged with crimes such as criminal facilitation, conspiracy, and solicitation as well as crimes related to theft, drugs, arson, assault, burglary, and reckless endangerment. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of crimes in the following locations:

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