In Georgia, criminal conspiracy is the criminal offense of two or more people coming together to agree to commit a crime. One of the people must also commit an overt act toward successfully committing the agreed-upon crime.

Is Criminal Conspiracy the Same as Asking Someone to Commit a Crime?

No. Solicitation is the crime of asking someone to commit a crime on your behalf. The person asking is generally not participating in the underlying crime at all. With conspiracy, all of the people who participate in the conspiracy are committed to participating in committing the underlying crime as well.

Can I Be Convicted of Conspiracy to Commit a Misdemeanor in Georgia?

Yes. A person can be charged and convicted of conspiring to commit a misdemeanor. The punishment for conspiracy to commit a misdemeanor is the same punishment that the person would have faced if they had committed the underlying crime. For instance, if the misdemeanor has a sentence of a year in county jail, the person will be sentenced to that time in jail if they have been found guilty of conspiring to commit the misdemeanor.

What Kind of Punishment Will I Face If the Underlying Crime Is a Felony?

If the underlying crime for the conspiracy is a felony, then there are two possible types of punishments that the defendant may face. If the possible punishments for the underlying felony do not include life imprisonment or death, then the defendant may face:

  • One year in prison to one-half of the maximum of the time in prison that a person would face if they were convicted of the underlying felony
  • One-half of the maximum fine that the person would have faced if they were convicted of committing the underlying felony
  • Both a fine and prison time

The penalty a person faces for conspiring to commit a felony crime involving the death penalty is one to 10 years in prison.

Do I Need a Lawyer If I Am Accused of Conspiracy in Georgia?

Absolutely. A Georgia criminal lawyer will explain your possible defenses and legal rights to you. Your lawyer will also work to get your conspiracy charge dropped. Contact a lawyer immediately.