Conspiracy | Penal Code § 182

Description

The definition of Conspiracy is if two or more persons conspire to commit any crime, or falsely indict another for any crime, or falsely move or maintain any suit, action or proceeding, or cheat and defraud any person of any property, by any means which are in themselves criminal, or to obtain money or property by false pretenses.

What does the prosecutor have to prove?

1. Defendant conspired with another person to falsely and maliciously indict another for any crime. or
1. Defendant conspired with another person to procure another to be charged or arrested for any crime.

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	Yes
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No