Conspiracy, C.R.S. 18-2-201 — also known as Conspiracy to Commit a Crime — is charged at the Larimer County Courts any time two or more people plan to commit a crime together, and one person then takes a step towards committing that crime. Important to understand that Conspiracy is charged even if the people never actually carry out the crime. If Fort Collins Police learn of the plan before the offense can be committed, the partners planning the crime will be criminally charged. Additionally, penalties for a Conspiracy conviction are almost as harsh as the penalties would be for committing the actual crime. Below, our top criminal defense lawyers discuss:
1. Definition of Conspiracy, C.R.S. 18-2-201 at the Larimer County Courts
The definition of Conspiracy, C.R.S. 18-2-201, as recognized by the Larimer County Courts, is:
(2) No person may be convicted of conspiracy to commit a crime, unless an overt act in pursuance of that conspiracy is proved to have been done by him or by a person with whom he conspired.
For Conspiracy to be charged, the following elements must be in place:
- One or more persons agree to commit a crime together.
- One of those persons engages in “an overt act in pursuance of that conspiracy.” In other words, it is not enough for two people to simply talk about committing a crime. One of the conspirators must then take a step towards committing that crime.
2. Examples of Conspiracy in Fort Collins
Examples of Conspiracy in Fort Collins include the following scenarios:
- Andy asks his friend Oliver for help with taking a nude photo of his neighbor without her knowledge. Oliver agrees, and buys a new camera. Andy and Oliver are charged with Conspiracy to Commit Invasion of Privacy for Sexual Gratification.
- Melissa mentions to her sister Isabel that she wants to take their father’s expensive golf clubs. Isabel visits their parents’ house to learn where the golf clubs are located. Both Melissa and Isabel are arrested and charged with Conspiracy to Commit Theft.
- Calvin and his cousin Ramon get into a bar fight in Old Town Fort Collins. Both are angry, and decide they should return to engage in another fight. Calvin digs up a baseball bat to use for the fight. They are apprehended by Fort Collins Police before they leave and are charged with Conspiracy to Commit Assault in the First Degree.
Note that in the above scenarios, none of the people who planned to commit a crime successfully carried it out – and yet they were charged with Conspiracy. Colorado law makes it illegal to simply plan a crime if an “overt act” was taken to actually commit the crime.
3. What are the Penalties for a Conspiracy Conviction in Loveland?
Penalties for Conspiracy in Loveland are outlined under C.R.S. 18-2-206. Generally, the classification for Conspiracy is one degree lower than the crime that the conspirators planned to commit. As an example, Conspiracy to commit a class 1 felony is sentenced as a class 2 felony. Conspiracy to commit any misdemeanor is sentenced as a class 2 misdemeanor, and Conspiracy to commit a petty offense is also sentenced as a petty offense.
Depending on the classification, penalties for conviction of Conspiracy can include:
- Incarceration at the Larimer County Jail for petty offense / misdemeanor Conspiracy
- Years in the Colorado Department of Corrections for felony Conspiracy
- 1 to 5 years of mandatory parole after incarceration for a felony Conspiracy conviction
- A fine of hundreds or thousands of dollars
The Larimer County Courts may also impose additional penalties as the judge deems appropriate, such as a mental health evaluation, anger management classes, and so forth.
Have you been accused of Conspiracy to commit a crime? First, remain silent and do not talk to law enforcement. The Larimer County Sheriff and Fort Collins Police only want to talk to you to gather evidence against you. Then call the best criminal defense lawyers at the O’Malley Law Office today at 970-658-0007 to discuss your case. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
Photo by Keira Burton