Conspiracy – NRS 199.480

Overview

Conspiracy, as defined under Nevada Revised Statute (NRS) 199.480, is a serious criminal offense that involves two or more individuals planning to commit a crime. The law recognizes that even the mere agreement to commit an unlawful act, along with an overt act taken in furtherance of that agreement, constitutes a criminal conspiracy. This statute aims to prevent criminal activities before they occur by holding individuals accountable for their intentions and plans.

Elements of the Offense

To secure a conviction for conspiracy under NRS 199.480, the prosecution must prove the following elements beyond a reasonable doubt:

1. Agreement to Commit a Crime: The accused must have entered into an agreement with one or more individuals to commit a specific unlawful act. This agreement does not need to be formal or written; it can be established through verbal discussions or actions that demonstrate a mutual understanding.
2. Intent to Commit the Crime: The individuals involved must have intended to carry out the crime outlined in their agreement. The prosecution must demonstrate that the parties had a shared goal of engaging in unlawful conduct.
3. Overt Act: At least one member of the conspiracy must have taken an overt act in furtherance of the conspiracy. This act can be any action that demonstrates the intention to execute the planned crime, even if the crime itself is not ultimately completed.

Related Offenses

Conspiracy is closely related to several other criminal offenses, including:

• Attempted Crimes: Attempting to commit a crime can overlap with conspiracy, as both involve planning and intention.
• Solicitation – NRS 199.480: Involves encouraging or requesting another person to commit a crime.
• Accessory to a Crime – NRS 195.030: Involves assisting someone in committing a crime.

Examples of Conspiracy

Understanding conspiracy can be clarified through specific examples:

• Example 1: Two individuals agree to rob a bank and decide on a date and method for the heist. If they discuss their plans and one of them purchases tools to execute the robbery, both could be charged with conspiracy, even if the robbery does not take place.
• Example 2: A group of friends conspires to distribute illegal drugs. If they meet to discuss their plans and one person buys the drugs, they can all be charged with conspiracy to distribute controlled substances, regardless of whether the drugs were actually distributed.

Defenses to Conspiracy Charges

Defending against charges of conspiracy under NRS 199.480 involves several potential strategies:

1. Lack of Agreement: Demonstrating that there was no formal agreement to commit a crime can be a strong defense. If the alleged conspirators did not reach a mutual understanding or commitment, the conspiracy charge may not hold.
2. Absence of Overt Act: If the defense can show that no overt act was taken to further the conspiracy, this can undermine the prosecution’s case. Simply discussing a plan without action may not meet the legal threshold for conspiracy.
3. Withdrawal from the Conspiracy: If the accused can prove they withdrew from the conspiracy before any overt act was committed, this may serve as a defense. Evidence of notifying co-conspirators or taking steps to disassociate from the criminal plan can be helpful.
4. Insufficient Evidence: The prosecution must provide substantial evidence to support the conspiracy charge. If the evidence is circumstantial or lacks clarity, the charges may be contested.

Potential Penalties for Conspiracy

The penalties for conspiracy under NRS 199.480 can vary depending on the underlying crime that was the subject of the conspiracy:

• For conspiracy to commit murder, robbery, sexual assault, kidnapping in the first or second degree, arson in the first or second degree, or a violation of NRS 205.463, each person is guilty of a category B felony and shall be punished:
  • If the conspiracy was to commit robbery, sexual assault, kidnapping in the first or second degree, arson in the first or second degree, or a violation of NRS 205.463, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years; or
  • If the conspiracy was to commit murder, by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years,
  • and may be further punished by a fine of not more than $5,000.
• For most other crimes, the conspiracy to commit that crime is punishable as a gross misdemeanor.

The Impact of a Conspiracy Conviction

A conspiracy conviction can have significant repercussions on an individual’s life. Beyond legal penalties, individuals may face social stigma, challenges in employment, and damage to personal relationships. A criminal record for conspiracy can hinder future opportunities, particularly in fields requiring background checks.

Criminal Defense for Conspiracy

If you are facing charges of conspiracy under NRS 199.480, it is crucial to seek legal representation from an experienced criminal defense attorney. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling serious criminal cases equips him to provide a robust defense against conspiracy charges.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and his deep understanding of Nevada’s legal landscape make him a strong advocate in conspiracy cases.

Understanding Your Rights

Navigating the complexities of conspiracy charges requires knowledgeable legal representation. Understanding your rights and the potential implications of conspiracy charges is essential for anyone accused of this crime.

For more information about defending against conspiracy charges in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.