“Conspiracy” is one of those words that is used freely in fiction writing and in Hollywood blockbuster movies, but the term itself is (conveniently) rarely ever actually explained. Instead, it is simply used threaten to charge a character with a crime that was not actually committed but to which the character has some tangential relationship. While that may be convenient for screen writers, the actual crime of conspiracy requires the State of Nebraska to prove more than that. If you have been charged with the crime of conspiracy you need to know what constitutes the crime of conspiracy in Nebraska.
Nebraska Revised Statutes § 28-202 is where the crime of conspiracy is found and reads as follows:
(1) A person shall be guilty of criminal conspiracy if, with intent to promote or facilitate the commission of a felony:
(a) He agrees with one or more persons that they or one or more of them shall engage in or solicit the conduct or shall cause or solicit the result specified by the definition of the offense; and
(b) He or another person with whom he conspired commits an overt act in pursuance of the conspiracy.
Breaking down the elements of the crime of conspiracy we can see that the State of Nebraska must then prove the following to convict you of conspiracy:
- You intended to promote or commit a felony offense
- You agreed with at least one other person to commit the felony OR to find someone else to commit the felony
- You, or another member of the conspiracy, do something that shows your intent to actually go through with the crime.
The statute goes on to say “If a person knows that one with whom he conspires to commit a crime has conspired with another person or persons to commit the same crime, he is guilty of conspiring to commit such crime with such other person or persons whether or not he knows their identity.” In other words, if you are aware that your co-conspirator has brought in a third person to the conspiracy you can be held responsible for conspiring with that person as well, even if you never met the person.
The potential penalties for conspiracy depend on the level of the most serious offense involved in the conspiracy. For example, if the most serious felony involved is a Class III felony you will face the penalties for a Class III felony, except that conspiracy to commit a Class I felony is charged as a Class II felony.
If you have been charged with a criminal offense in Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case with an experienced criminal defense attorney.