Group Crime in Illinois

 Posted on December 00, 0000 in Criminal Defense

The institution of criminal law has long been concerned with groups of people coordinating their criminal activities. The concern stems from the belief of judges and legislators that people working together will be capable of committing more serious crimes more easily.

Consequently, the law recognizes a special crime known as conspiracy. Conspiracy is a crime in its own right, and it is distinct from any underlying crime. This means that if two people conspire to commit a murder and they carry it out, they would be guilty of both conspiracy and murder. This stand alone nature of conspiracy has important implications both for how the crime is defined and how it is punished.

The Crime of Conspiracy

Simply put, the crime of conspiracy is the crime of agreeing to commit a crime. However, that simple definition creates a difficult problem for the criminal law. The American criminal justice system does not like to punish people for their mere thoughts. After all, two people sitting around idly joking about robbing a bank together is a far step removed from an experienced gang of bank robbers with tools, plans and skills.

In order to differentiate between these two groups, the law requires not only an agreement to commit a crime, but an "act in furtherance" of the conspiracy. An act in furtherance is any actual step to bring the plan to fruition (for instance, the purchase of ski masks before robbing a bank). What is especially important for people to understand is that the actions of members of the conspiracy can affect each other; one co-conspirator acting to further the conspiracy is all it takes for everyone who made the agreement to be guilty of conspiracy.

Punishment for Conspiracy

The punishment for conspiracy is somewhat more complex than punishments for most crimes because conspiracy is always related to some underlying offense. Conspiring to commit petty theft should not be punished as harshly as conspiring to commit murder. The usual rule is that the punishment for the crime of conspiracy is one rank less than the punishment for the underlying crime. For example, if a person steals $1,000, that is a Class 3 felony. If two people conspire to steal the same amount of money, then they would be punished for the initial Class 3 felony theft, as well as a Class 4 felony of conspiracy. The different classes have a variety of effects, such as certain sentencing ranges. There are also some crimes, like certain insurance frauds, that are exceptions to this ordinary sentencing structure.

A conspiracy charge can add years onto a person's sentence, so it is important for people facing conspiracy prosecutions to contact an Elgin criminal defense attorney today. Our team is here to make sure that there is someone on your side in the courtroom.