Practice Areas

Conspiracy

What are Georgia Conspiracy Laws?

Conspiracy, a criminal offense, does not require the completion of the crime for a defendant to be found guilty. Its aim is to thwart the execution of serious crimes. Nearly every state has a conspiracy statute to address this, but depending on the state, penalties and legal specifics differ.

What does Georgia’s Criminal Code define as Conspiracy?

GA Code § 16-4-8

In Georgia, it’s possible for someone to face charges for both the completed crime and the conspiracy to commit it, but they can only be convicted of one or the other. How does this work?

Conspiracy laws in Georgia are outlined in Georgia Code Title 16, Section 16-4-8. “The offense of conspiracy to commit a crime occurs when an individual, in collaboration with one or more persons, conspires to commit any crime, and if any one or more of these individuals takes any overt action to achieve the conspiracy’s objective…”

The law also contains a provision stating that “A person can be found guilty of conspiracy to commit a crime, as defined in Code Section 16-4-8, even if the crime intended by the conspiracy is actually committed or carried out in furtherance of the conspiracy. However, that individual cannot be convicted of both conspiracy to commit a crime and the completed crime.”

In Georgia, it’s possible for someone to face charges for both the completed crime and the conspiracy to commit it, but they can only be convicted of one or the other.

Conspiracy penalties in Georgia vary depending on the nature of the intended crime.

If the conspiracy involves a felony, the punishment will be a minimum of one year and may extend to one-half of the maximum prison term or one-half of the maximum fine associated with that felony if convicted.

In the case of a conspiracy related to a misdemeanor, it will be treated and punished as a misdemeanor.

However, if the conspiracy pertains to a crime that carries a penalty of death or life imprisonment, the penalty for conspiracy will be imprisonment for a period ranging from one to ten years.

Defenses to Conspiracy in Georgia include:

Lack of Agreement

If it can be proven that no agreement was reached among the involved parties, this can serve as a defense against conspiracy charges.

Sole Planning

Conspiracy necessitates the involvement of at least two people. If only one person was responsible for planning the crime, conspiracy charges cannot apply.

Withdrawal from the Conspiracy

A successful withdrawal from a conspiracy requires the defendant to take substantial steps to discontinue their involvement. This typically involves either informing local authorities before the crime is executed or ceasing all actions leading to the completion of the intended crime.

Charges linked to conspiracy

Conspiracy charges can be associated with a wide range of criminal charges. Some include:

The specific severity of conspiracy charges varies based on the type of unlawful activity involved.

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