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Massachusetts Conspiracy Charges Lawyer

A conspiracy, simply put, is an agreement by two or more people to do something unlawful. Many people are shocked to find out that it does not matter whether the plan to do something unlawful was successful or not. It also does not matter whether any steps were taken out to carry out the unlawful plan. A conspiracy has to have a joint plan among the conspirators and the accused person must have joined in the plan.  If you are charged with conspiracy, it is important to have a skilled and experienced Massachusetts criminal defense lawyer by your side. 

What Does the Prosecution Have to Show in Massachusetts to Prove a Conspiracy? 

1. You joined in an agreement and/or plan with one or more people;

2. The purpose of your agreement was unlawful; 

3. You joined the conspiracy knowing of the unlawful plan and intended to help carry it out. 

What is the Penalty for Conspiracy? 

The penalties for conspiracy can be severe. The punishment depends on the offense that you are accused of conspiring to commit. If the crime of conspiracy is prescribed in the law, then that penalty prescribed with that law will apply. However, there are the following catch-all provisions if the conspiracy penalty is not prescribed:

Conspiracy to commit a felony that is punishable by life in prison:

up to 20 years in State Prison

up to 2 ½ years in the House of Correction (county jail)

up to $10,000 fine.

Conspiracy to commit an offense that is punishable by ten years or more:

up to 10 years in state prison

up to 2 ½ years in the House of Correction (county jail)

up to $10,000 Fine.

Conspiracy to commit felonies punishable by less than ten years in prison:

up to 5 years in State Prison

up to 2 ½ years in the House of Correction (county jail)

up to a 5,000 Fine

Conspiracy to commit a crime that is not a felony:

up to 2 ½ years in the House of Correction (county jail)

up to a $2,000 Fine.

What are some Laws Related to Conspiracy?

The penalties for conspiracy are prescribed in Massachusetts General Laws chapter 274, § 7. 

The venue for a conspiracy prosecution lies anywhere an overt act is committed by any one of the conspirators in execution of the plan. Commonwealth v. Stasiun, 349 Mass. at 54, 206 N.E.2d at 682.

A trial with the substantive offense is not allowed. A conspiracy charge may not be tried simultaneously with a charge for the substantive offense unless the defendant moves for such joinder. Mass. R. Crim. P. 9(e). Angiulo v. Commonwealth, 401 Mass. 71, 80 n.10, 514 N.E.2d 669, 674 n.10 (1987).

If you or a loved one is charged with conspiracy, do not hesitate to contact Massachusetts criminal defense lawyer Attorney David Ellison today at 401-230-5520 today. 

 

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