Conspiracy charges in Oklahoma are complicated and serious, and can ultimately result in severe punishment.
A charge of conspiracy in Wagoner is governed by Oklahoma law, which defines conspiracy as an agreement between two or more people to commit a crime. Okla. Stat. tit. 21 § 421
However, in order to qualify as a true conspiracy, two or more people must take action to further the crime.
For example, an agreement to commit identity theft is not a conspiracy unless a party took steps towards committing the crime, such as stealing other people’s confidential information.
Ways to Commit Conspiracy
Although agreeing to do any crime is considered to be conspiracy, agreeing to do one of the following will automatically constitute conspiracy charges in Oklahoma:
- Falsely and maliciously conspiring to indict another for any crime, or to procure another to be charged or arrested for any crime;
- Falsely to move or maintain any suit, action, or proceeding;
- Cheat and defraud any person of any property by any means which are in themselves criminal, or by any means which, if executed, would amount to a cheat or to obtaining money or property by false pretenses; or
- To commit any act injurious to public health, to public morals, or to trade or commerce, or for the perversion or obstruction of justice, or the due administration of the laws.
Proving Conspiracy Charges in Oklahoma
In order to secure a conviction, a prosecutor will have to prove each part of a crime’s definition beyond a reasonable doubt. These parts are called elements.
The first element of conspiracy requires an agreement by two or more persons.
Second, the prosecution must present evidence that they agreed to commit a crime.
Third, a prosecutor must present evidence that the defendant was a party to the agreement either at the time it was made or knowingly entered into it later.
Finally, the prosecution must show that any member of the conspiracy took an action to commit the crime.
The final element complicates the charge of conspiracy, as the defendant does not have to be the one who actually committed the crime.
Anyone found guilty of conspiracy may face up to 10 years in prison if the conspiracy involved a felony offense.
Initial Strategy Session: Wagoner Conspiracy Defense Lawyer
A conviction of conspiracy charges in Oklahoma can carry lengthy prison sentences and fines.
If you or someone you know is faced with this charge, please contact a Wagoner criminal defense attorney to discuss your available legal options.
Call Wirth Law Office – Wagoner today at 918-485-0335 for a low-cost consultation.
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