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WHAT IS CONSPIRACY IN NEVADA?
Conspiracy is an agreement between two or more persons to commit a crime, combined with an overt act in furtherance of that agreement. Unlike attempt, conspiracy is complete upon the agreement plus an overt act — the target crime does not need to be completed.
WHAT THE PROSECUTION MUST PROVE
To convict you of Conspiracy in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
Two or more persons agreed to commit a crime
The defendant was a knowing participant in the agreement
At least one conspirator committed an overt act in furtherance of the conspiracy
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR CONSPIRACY IN NEVADA
Conspiracy to Commit Gross Misdemeanor
Gross misdemeanor.
Conspiracy to Commit Category C/D/E Felony
Category D felony. 1 to 4 years in prison.
Conspiracy to Commit Category A/B Felony
Category B felony. 1 to 6 years in prison.
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending conspiracy charges
Conspiracy charges are powerful prosecutorial tools because they allow the government to charge everyone involved in a criminal enterprise — even those who played minor roles.
Withdrawal from a conspiracy before the target crime is committed can be a defense — but withdrawal must be complete and communicated to co-conspirators.
Co-conspirators' statements made in furtherance of the conspiracy are admissible against all members. This means your co-defendants' words can be used against you even if you were not present.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO CONSPIRACY
Every case is unique, but these are the defenses most commonly raised in conspiracy cases in Nevada:
No agreement — you were not part of the conspiracy
No knowledge of the criminal purpose
Withdrawal before the target crime
No overt act in furtherance of the conspiracy
Entrapment