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NY Penal Law § 105.10: Conspiracy in the fourth degree

If you plan with one or more other people to commit a felony, then you may have already committed a crime. The crime of conspiracy involves the planning of a crime or agreeing to commit a crime with one or more other people. However, this does not mean that a formal written agreement must exist. All that is required is an agreement and some overt act that is completed in furtherance of the plan 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. Under New York Penal Law § 105.10, you have committed the crime of conspiracy in the fourth degree if:

  1. You plan with at least one other person to commit a Class B or C felony,
  2. You are over the age of 18 and you plan to commit a felony with someone who is under the age of 16, or
  3. You plan to commit the crime the of money laundering as defined in New York Penal Law § 470.10
Example

Justin is walking with a group of friends down a street. He spots a woman holding a handbag. Without communicating with his friends, Justin knocks the woman down and tries to snatch her handbag. She refuses to give it to him. He then pulls a gun out of his pocket and points it at her. His friends then start to kick the woman in an effort to get her back. The woman sustains serious injuries in the attack. Neither Justin nor any of his friends could be prosecuted for conspiracy in the fourth degree as there was no agreement to commit a crime. However, each of them could be charged with assault as they all participated in the assault of the woman.

Related Offenses
  1. Conspiracy in the sixth degree: New York Penal Law § 105.00
  2. Conspiracy in the fifth degree: New York Penal Law § 105.05
  3. Conspiracy in the third degree: New York Penal Law § 105.13
  4. Conspiracy in the second degree: New York Penal Law § 105.15
  5. Conspiracy in the first degree: New York Penal Law § 105.17
Defenses

If you did not make an agreement with another person to commit a crime, then you have a valid defense to a conspiracy charge. For example, if you along with another person independently decide to participate in the same crime, there was no conspiracy. However, you each could still face criminal charges based on your individual participation in a crime.

Another defense would be lack of an overt act in furtherance of the agreement to commit a crime. New York Penal Code § 105.20 states that in order to charge someone with conspiracy, there must be an allegation of some overt act.

Sentence

Conspiracy in the fourth degree is a Class E felony. This means that if you are convicted your sentence could include up to 4 years in prison, 5 years of probation, and a substantial fine.

New York Penal Law § 105.10: Conspiracy in the fourth degree

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

  1. a class B or class C felony be performed, he or she agrees with one or more persons to engage in or cause the performance of such conduct; or
  2. a felony be performed, he or she, 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; or
  3. the felony of money laundering in the third degree as defined in § 470.10 of this chapter, be performed, he or she agrees with one or more persons to engage in or cause the performance of such conduct.
New York Conspiracy in the Fourth Degree Lawyer

If you or a loved one has been charged with conspiracy in the fourth degree, it is important that you are represented by someone with experience. If you are convicted you could end up in prison. 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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