Conspiracy in New Jersey Criminal Cases
Totowa NJ Conspiracy Defense Lawyer
Criminal defense attorney Alissa D. Hascup represents clients throughout New Jersey, including in Passaic County, Morris County, Essex County, and Bergen County, who have been charged with criminal offenses such as robbery, aggravated assault, weapons offenses, and drug offenses. She is an aggressive, battle-tested criminal defense lawyer who will attack the criminal charges against you, putting you in a position to achieve the best possible result. Contact Ms. Hascup’s office anytime an initial consultation, which is always provided free of charge.
Conspiracy in New Jersey: N.J.S.A. 2C:5-2
Conspiracy. N.J.S.A. 2C:5-2 provides:
a. Definition of Conspiracy. A person is guilty of conspiracy with another person or persons to commit a crime if with the purpose of promoting or facilitating its commission he:
- Agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such crime or an attempt or solicitation to commit such crime; or
- Agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or solicitation to commit such crime.
b. Scope of Conspiratorial Relationship. If a person guilty of conspiracy knows that a person with whom he conspires to commit a crime has conspired with another person or persons to commit the same crime, he is guilty of conspiring with such other person or persons, whether or not he knows their identity, to commit such crime.
c. Conspiracy With Multiple Objectives. If a person conspires to commit a number of crimes, he is guilty of only one conspiracy so long as such multiple crimes are the object of the same agreement or continuous conspiratorial relationship. It shall not be a defense to a charge under this section that one or more of the objectives of the conspiracy was not criminal; provided that one or more of its objectives or the means of promoting or facilitating an objective of the conspiracy is criminal.
d. Overt Act. No person may be convicted or conspiracy to commit a crime other than a crime of the first or second degree or distribution or possession with intent to distribute a controlled dangerous substance or controlled substance analog, unless an overt act in pursuance of such conspiracy is proved to have been done by him or by a person with whom he conspired.
e. Renunciation of Purpose. It is an affirmative defense which the actor must prove by a preponderance of the evidence that he, after conspiring to commit a crime, informed the authority of the existence of the conspiracy and his participation therein, and thwarted or caused to be thwarted the commission of any offense in furtherance of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of criminal purpose; provided, however, that an attempt shall not be considered an offense for purposes of renunciation under this subsection.
f. Duration of Conspiracy.
- Conspiracy is a continuing course of conduct which terminates when the crime or crimes which are its object are committed or the agreement that they be committed is abandoned by the defendant and by those with whom he conspired; and
- Such abandonment is presumed with respect to a crime other than one of the first or second degree if neither the defendant nor anyone with whom he conspired does any overt act in pursuance of the conspiracy during the applicable period of limitation; and
- If an individual abandons the agreement, the conspiracy is terminated as to him only if and when he advises those with whom he conspired of his abandonment or he informs the law enforcement authorities of the existence of the conspiracy and of his participation therein.
Grading of Conspiracy (Degree of Crime)
- A conspiracy to commit a crime of the first degree is a crime of the second degree; except that a conspiracy to commit murder or terrorism is a crime of the first degree.
- A crime of the second degree is punishable by a term of imprisonment of between five and 10 years in New Jersey State Prison.
- Otherwise, conspiracy is a crime of the same degree as the most serious crime which is the object of the conspiracy.
- A crime of the third degree is punishable by a term of imprisonment of up to five years in New Jersey State Prison.
- A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months in New Jersey State Prison.
Contact a Passaic County NJ Conspiracy Defense Lawyer for a Free Consultation
Alissa D. Hascup knows the nuances of the law and will use her knowledge to your advantage. If you find yourself in a situation where you or a loved one have been charged with a Conspiracy to commit a crime, the consequences can be serious. She can help. Contact her today for your free initial consultation.