Conspiracy Defense Attorney in Phoenix

Conspiracy charges revolve around the allegation that individuals collaboratively planned or intended to commit a crime, regardless of whether the crime was executed. Prosecutors, at times, might levy these charges based on limited or circumstantial evidence, which could be rooted in misconceptions or unwarranted assumptions. A conspiracy charge demands a robust defense to protect your rights.

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If you have been charged with a conspiracy crime in Phoenix, AZ, you must immediately contact an attorney. At the Nava Law Firm, our attorneys are determined to develop a strategic defense to get you a favorable outcome in your case. Our experienced attorneys challenge the validity of the prosecution's claims, aiming to protect the accused's rights and reduce potential consequences. Contact us today to schedule your free consultation and learn how we can assist you.

A conspiracy charge is more intricate than simply accusing someone of intending to commit a crime. When an experienced Phoenix attorney delves into the specifics, the layers to this legal concept become evident:

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1. Joint Agreement: Central to the idea of conspiracy is a shared, collective agreement. This isn't an individual acting alone but two or more individuals joining forces with a shared criminal objective.

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2. Intent: Beyond just agreement, there needs to be an intent to either aid in or promote the criminal act. This establishes the purposefulness of the individuals involved, highlighting that their intentions weren't mere passing thoughts but deliberate decisions to pursue criminal activity.

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3. Overt Act: This refers to a tangible action, a clear step taken to further the intended crime. The only exception is when the conspiracy's primary objective is committing a violent felony against someone; in that case, an overt act isn't mandatory. It's essential to understand that the threshold for proving this 'overt act' is relatively low. It doesn't need to be a significant move towards the crime; even smaller preparatory steps can suffice.

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For instance, even planning or the mere initiation of steps toward the crime can be seen as a qualifying act for a conspiracy charge. This means that the range of activities that can be classified as conspiratorial acts is vast.

Arizona's legal stance on conspiracy is codified in the Arizona Revised Statutes § 13-1003, which establishes a unique approach to penalizing conspiracy offenses compared to other jurisdictions.

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Conspiring to commit a Class 1 felony, such as murder, can lead to life imprisonment, with no possibility of release until a minimum of 25 years is served. For all other classes of felonies, the punishment for conspiracy aligns with the punishment of the most severe offense being conspired. For example, if one conspired to commit a Class 3 felony, they would face the penalties of an actual Class 3 felony conviction.

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Penalty Ranges:

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• Class 2 Felony:

• First Offense: Probation up to 1 year in jail or 3 to 12.5 years in prison.
• One Prior Conviction: 4.5 to 23.25 years in prison.
• Two Priors: 10.5 to 35 years in prison.

• Class 3 Felony:

• First Offense: Probation up to 1 year in jail or 2 to 8.75 years in prison.
• One Prior Conviction: 3.5 to 16.25 years in prison.
• Two Priors: 7.5 to 25 years in prison.

• Class 4 Felony:

• First Offense: Probation up to 1 year in jail or 1 to 3.75 years in prison.
• One Prior Conviction: 2.25 to 7.5 years in prison.
• Two Priors: 6 to 15 years in prison.

• Class 5 Felony:

• First Offense: Probation up to 1 year in jail or 6 months to 2.5 years in prison.
• One Prior Conviction: 1 to 3.75 years in prison.
• Two Priors: 3 to 7.5 years in prison.

• Class 6 Felony:

• First Offense: Probation up to 1 year in jail or 4 months to 2 years in prison.
• One Prior Conviction: 9 months to 2.75 years in prison.
• Two Priors: 2.25 to 5.75 years in prison.

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In all scenarios, having prior felony convictions significantly heightens the prison-only ranges, emphasizing the necessity of a robust legal defense.