Conspiracy Defense Attorney in Phoenix

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.