Conspiracy is considered an inchoate crime. This means the actual crime the person or people were trying to commit had not yet been completed.
What Is Conspiracy?
Conspiracy is a crime involving two or more people who work and plan together in order to commit another crime. In Nevada, conspiracy is a crime in which two or more people come together to plan and carry out another crime, such as:
- Sexual assault
- Sex trafficking
- Involuntary servitude
The conspirators do not need to commit an overt act towards carrying out the crime to be guilty of conspiracy.
Are Conspiracy and Solicitation the Same Crime in Nevada?
No, they are separate crimes. Solicitation involves asking an individual to commit a crime on behalf of the asker. Conspiracy involves two or more people working together to commit a crime. A conspirator is an active participate in the crime itself and requires that the conspirator work with others to do so. Solicitation requires the use of a "middleman" to enact the crime.
What About Conspiracy and Attempt?
Conspiracy and attempt are not the same crime. An attempted crime exists when a person takes a substantial step towards completing another crime, and it can be done alone. Conspiracy does not require a substantial step, but it does require at least two people to be involved in the crime.
Can I Be Sentenced to Prison for Committing Conspiracy in Nevada?
Yes. A person convicted of conspiracy to commit one of the felonious crimes listed above will likely be convicted of a category B felony and will be punished by one to six years in prison. If the person is convicted of conspiracy to commit murder, it is still a category B felony, but the punishment is two to 10 years in prison and/or a $5,000 fine. A conspiracy to commit racketeering conviction will result in a punishment consisting of five to 20 years in prison.
Can a Conspiracy Charge Ever be a Misdemeanor?
Yes. If the conspiracy does not include any of the previously mentioned felonies, then the crime of conspiracy is a gross misdemeanor punishable by a year in jail and/or $2,000 fine.
Do I Need a Lawyer for My Charge?
Legal representation is essential when you are attempting to protect yourself against a charge of committing conspiracy. Contact a Nevada lawyer immediately for help with your conspiracy charge.