What Is Criminal Conspiracy Here In Michigan?
MCL 750.157a states that “[a]ny individual who conspires together with 1 or more persons to commit an offense prohibited by law, or to commit a legal act in an illegal manner is guilty of the crime of conspiracy.” A conspiracy charge will incorporate an underlying criminal charge, but what is criminal conspiracy exactly?
In order to be found guilty of a conspiracy charge, “the prosecutor must prove each of the following elements beyond a reasonable doubt: [f]irst, that the [individual] and someone else knowingly agreed to commit a crime[; s]econd, that the [individual] specifically intended to commit or help commit that crime[; and t]hird, that this agreement took place or continued during” a specified period. And fourth, the prosecutor must prove the elements of the underlying (or attached) criminal charge; i.e. prove the element of delivering a controlled substance if charged with a conspiracy to deliver a controlled substance.
What is Criminal Conspiracy And It’s Punishment . . . ?
If the underlying offense “is punishable by imprisonment for 1 year or more, the person convicted . . . shall be punished by a penalty equal to” the penalty of the underlying offense, “and in the discretion of the court an additional penalty of a fine of $10,000.00 may be imposed.” MCL 750.157a(a). Now that we understand what is criminal conspiracy, it becomes essential to know what the possible punishment is if convicted of such a crime.
If an individual is “conspiring to violate any provision of this act relative to illegal gambling or wagering or any other acts or ordinances relative to illegal gambling or wagering shall be punished by imprisonment . . . for not more than 5 years or by a fine of not more than $10,000.00, or both.” MCL 750.157a(b). If the underlying offense “is punishable by imprisonment for less than 1 year . . . the person convicted . . . shall be imprisoned for not more than 1 year nor fined more than $1,000.00, or both.” MCL 750.157a(c). If an individual is “convicted of conspiring to commit a legal act in an illegal manner [then they] shall be punished by imprisonment . . . for not more than 5 years or by a fine of not more than $10,000.00, or both.” MCL 750.57a(d).
It is essential to know what you are facing when you are charged with ANY criminal offense here in the State of Michigan, even when trying to understand what is criminal conspiracy. Never rely on information provided in this website or any other website on the internet when wanting, attempting or actually defending yourself before any court or body of law. Always consult legal counsel. Contact Josh Jones 7-days a week. He always has your back! For more information on aiding and abetting charges, please visit click here.