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New York Penal Law § 105.15: Conspiracy in the second degree

If you plan with one or more other people to commit a felony, then you may 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. Under New York Penal Law § 105.15, you have committed the crime of conspiracy in the second degree if you plan with at least one other person to commit a Class A felony. Examples of Class A felonies include murder in the first degree, arson in the first degree, kidnapping in the first degree, and operating as a major drug trafficker.

In order to be convicted of conspiracy in the second degree there must be more than a mere conversation about committing a Class A felony. Under New York Penal Law § 105.20 in order for you to be convicted you or another party to the purported conspiracy must commit at least one overt act in furtherance of the conspiracy.

Example

Walker is a drug trafficker. Wesley worked for Walker selling drugs on the street. Walker found out that Wesley had been stealing both drugs and money from him. Walker contacted Donnie and asked Donnie to make Wesley an example to everyone else by killing Wesley. Donnie and Walker worked out a plan as to how to take care of Wesley. Walker handed Donnie a gun. Donnie shot Wesley in the head. By killing Wesley Donnie committed the crime of murder in the first degree. Walker could be prosecuted for conspiracy in the second degree as along with Donnie he planned the murder of Wesley.

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 first degree: New York Penal Law § 105.17
Defenses

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

Sentence

Conspiracy in the second degree is a Class B felony. This means that if you are convicted your sentence could include up to 25 years in prison, 5 years of probation, and a substantial fine.

New York Penal Law § 105.15: Conspiracy in the second degree

A person is guilty of conspiracy in the second degree when, with intent that conduct constituting a class A felony be performed, he agrees with one or more persons to engage in or cause the performance of such conduct.

New York Criminal Conspiracy in the Second Degree Lawyer

If you have been arrested and charged with conspiracy in the second degree it is important that you have experienced representation as early in your case as possible as the penalties for this crime are severe. 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 1.800.NY.NY.LAW (1.800.696.9529) to schedule a free, no obligation consultation regarding your case. We serve those accused of crimes in the following locations:

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