Colorado Criminal Conspiracy Defense Lawyers

A per­son com­mits “con­spir­acy to com­mit a crime” if: (1) he or she intends to pro­mote or facil­i­tate the com­mis­sion of a crime; (2) he or she agrees with one or more peo­ple that all or some of them will engage in con­duct that con­sti­tutes either a crime or an attempt to com­mit a crime; and (3) an overt act in pur­suance of that con­spir­acy is proved to have been done by him or by a per­son with whom he conspired.

A per­son does not need to know the iden­tity of all of the co-conspirators in order to be con­victed of crim­i­nal con­spir­acy. Also, if a per­son con­spires to com­mit a num­ber of crimes, he is guilty of only one con­spir­acy so long as such mul­ti­ple crimes are part of a sin­gle crim­i­nal episode.

It is an affir­ma­tive defense to a charge of con­spir­acy that the offender, after con­spir­ing to com­mit a crime, thwarted the suc­cess of the con­spir­acy, under cir­cum­stances man­i­fest­ing a com­plete and vol­un­tary renun­ci­a­tion of his crim­i­nal intent.

Gen­er­ally, the sever­ity of crim­i­nal con­spir­acy is one step less severe than the crime he or she was con­spir­ing to com­mit. Thus, con­spir­acy to com­mit a class 1 felony is a class 2 felony, con­spir­acy to com­mit a class 2 felony is a class 3 felony, con­spir­acy to com­mit a class 3 felony is a class 4 felony; con­spir­acy to com­mit a class 4 felony is a class 5 felony, and con­spir­acy to com­mit a class 5 or 6 felony is a class 6 felony.

Sim­i­larly, con­spir­acy to com­mit a class 1 mis­de­meanor is a class 2 mis­de­meanor. Con­spir­acy to com­mit a mis­de­meanor other than a class 1 mis­de­meanor is a class 3 mis­de­meanor. Con­spir­acy to com­mit a petty offense is a crime of the same class as the offense itself.

Crim­i­nal con­spir­acy to com­mit a vio­lent crime is itself con­sid­ered a vio­lent crime, and the appro­pri­ate sen­tenc­ing enhance­ments are applic­a­ble. How­ever, if the par­tic­u­lar con­duct charged to con­sti­tute a crim­i­nal con­spir­acy is so inher­ently unlikely to result or cul­mi­nate in the com­mis­sion of a crime that nei­ther that con­duct nor the offender presents a pub­lic dan­ger war­rant­ing the man­dated grad­ing of the offense, the court may enter judg­ment and impose sen­tence for a crime of a lesser class or, in extreme cases, may dis­miss the prosecution.