Criminal Conspiracy Charges in Oklahoma
Oklahoma law criminalizes conspiracy to commit a crime, even if the accused does not commit the planned crime itself. A criminal conspiracy involves a group of people working together to plan or execute a criminal act.
To prove that a person is guilty of criminal conspiracy, the prosecution must show that (1) there was an agreement among two or more people (including the accused) to commit a crime, and (2) at least one person took an overt act in furtherance of the agreement to commit a crime. 21 O.S. § 421. Again, it does not matter whether the co-conspirators actually commit the crime they are planning.
As to the agreement among the co-conspirators, it does not need to be written down. More likely, the prosecution will try to show an agreement through indirect evidence, such as of the accused’s behavior or from statements by observing witnesses. A person charged with conspiracy does not have to originally make the agreement. If he knowingly becomes a party to the agreement at a later time, he still may be considered a co-conspirator.
To show an overt act in furtherance of the agreement, the prosecution must prove that one of the co-conspirators took some action that carries out the conspiracy’s intent. For example, one person might go purchase a weapon to be used in carrying out a robbery. Other planning steps could constitute the overt act as long as they logically would be taken in preparation for committing the intended crime. Note that the overt act or acts do not have to be illegal activities.
The prosecution will hold each co-conspirator responsible for actions and statements made by his co-conspirators in furtherance of the conspiracy. In other words, the statements of each person involved can be used as evidence against the others. Even further, all the conspirators are culpable if one commits a crime as a result of the conspiracy.
If one co-conspirator withdraws from the agreement before any overt act is made by anyone, he may raise the defense of withdrawal to conspiracy charges. He must have clearly notified all co-conspirators of his withdrawal for the defense to stand.
Generally, conspiracy to commit a felony crime is a felony, and conspiracy to commit a lesser crime is a misdemeanor. Conspiracy to commit a felony carries a $5,000 fine and up to 10 years’ imprisonment.
To learn more about legal representation in criminal cases, seek out the DUI attorney who follows key changes in Oklahoma law to find the best defenses for his clients. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and detailed knowledge of drug testing and DUI science to defend Oklahomans, has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.