NY Penal Law § 105.13: Conspiracy in the third degree

If you plan with one or more other people to commit a felony, then you have already committed the crime of conspiracy. The crime of conspiracy involves the planning of a crime or agreeing to commit a crime with at least one other person. In order to be convicted of conspiracy there must be more than a mere conversation about committing a crime. You or another party to the purported conspiracy must commit at least one overt act in furtherance of the conspiracy. There are 6 conspiracy crimes in the New York criminal code, including specific offenses that address an adult conspiring with a minor to commit a felony. Under New York Penal Law § 105.13, you have committed the crime of conspiracy in the third degree if:

1. You plan with at least one other person to commit a Class B or C felony and,
2. You are over the age of 18 and you plan to commit a felony with someone who is under the age of 16.

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 bag. The woman sustains serious injuries in the attack. Neither Justin nor any of his friends could be prosecuted for conspiracy in the third 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.

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 second degree: New York Penal Law § 105.15
4. Conspiracy in the first degree: New York Penal Law § 105.17

In order to successfully prosecute you for conspiracy, the prosecutor must prove that you or another person involved in the conspiracy completed at least one overt act in furtherance of the conspiracy. If the prosecutor has no such evidence, then you cannot be convicted of conspiracy.

Conspiracy in the third degree is a Class D felony. This means that if you are convicted your sentence could include up to 7 years in prison, 5 years of probation, and a substantial fine.

A person is guilty of conspiracy in the third degree when, with intent that conduct constituting a class B or a class C felony 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.

If you have been arrested and charged with conspiracy in the third degree it is important that you have experienced representation as early in your case as possible. 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: