California Penal Code § 182 PC prohibits criminal conspiracy, which is when you agree with another person(s) to commit a crime, and at least one of you takes an overt act to further that agreement.
Conspiring to commit a felony is a felony, while conspiring to commit a misdemeanor can be charged as a misdemeanor or a felony. Examples of conspiracies include:
- agreeing to set a person’s car on fire and then buying gasoline to start the fire
- consenting to burglarize a home, and the person calls the house to see if the owners are home
- agreeing to rob a bank, and a person buys ski masks to conceal everyone’s identity
In this article our California criminal defense attorneys discuss what you need to know about conspiracy laws.
- 1. Elements of 182 PC
- 2. Defenses
- 3. Penalties
- 4. Immigration
- 5. Expungements
- 6. Gun Rights
- 7. Related Offenses
- Additional Reading
1. Elements of 182 PC
For you to be convicted of criminal conspiracy, prosecutors have to prove beyond a reasonable doubt the following three elements of California Criminal Jury Instruction (“CALCRIM”) 412:
- You agreed with another person, or persons, to commit a crime, and
- You or one of the other parties to the agreement took an “overt act” to further or advance the agreement, and
- At least one of the overt acts was committed in California.1
Below we discuss “agreement” and “overt act” in more detail.
“Agreement” Meaning
Courts can find that you made an agreement to commit a crime in violation of 182 PC even if:
- you did not personally know the identity or roles of all the other members of the agreement2 or
- the agreement was not detailed or formal.3
Further, an agreement may be inferred from your conduct if a common purpose existed to commit a crime.4
Example: Bill and Ted are seen sneaking towards a home at night. Both are dressed in black, and Bill is carrying a duffel bag. Ted throws a small rock at the home’s front door to see if any lights come on.
Here, the conduct of both parties would be sufficient to charge them with conspiracy to commit burglary. This is even true if Bill and Ted had no formal written or oral agreement to commit the crime.
Note you are not guilty of conspiracy by merely accompanying or associating with members of a conspiracy. As long as you were not a party to an agreement to commit a crime, you are not a conspirator.5
“Overt Act” Meaning
Per 182 PC, an “overt act” is an act done to help accomplish or advance the agreed-upon crime. This act must be performed after the agreement to commit the crime has been made but before the crime is completed.
The overt act does not have to be criminal itself. The act can be as simple as:
- purchasing a weapon,
- renting a room or car, or
- giving a signal to a co-conspirator.
The agreement itself to commit a crime does not qualify as an overt act. There must be something more.6
A conspiracy requires an agreement to commit a crime plus an overt act.
2. Defenses
Here at Shouse Law Group, we have represented literally thousands of people charged with conspiracy. In our experience, the following three defenses are very effective with prosecutors, judges, and juries at getting 182 PC charges reduced or dismissed.
1) There Was No Agreement
Conspiracy charges are moot if you never agreed with at least one other person to commit a crime. We find that as long as there is no record of the agreement, or if the agreement was clearly a joke, the D.A. may have a difficult time proving guilt.
Example: Jerome and Nia enter a convenience store. Unbeknownst to Jerome, Nia pulls out a gun and decides to rob the clerk. Jerome cannot be charged with conspiracy because he never agreed to the robbery.
2) There Was No Overt Act
In reality, many agreements to commit a crime stop at the agreement stage. Though if police get wind of the agreement, they are quick to project criminal intent onto the parties’ ordinary activities like:
- searching certain topics on the internet,
- purchasing certain items, or
- driving in certain neighborhoods.
Prosecutors love to pass off innocent gestures as overt acts when bringing conspiracy charges. In these cases, we fight to show that any actions you took (if any) were too ambiguous or unrelated to qualify as advancing the alleged criminal conspiracy.
3) You Withdrew from the Conspiracy
Even if you initially agreed to commit a crime, you are off the hook as long as you withdraw from the conspiracy before you or a co-conspirator commits an overt act.
Example: Lisa and Marcos agree to steal a car. Neither takes any action to further this plan. Lisa later speaks with Marcos and says she wants out of the deal.
Here, Lisa is not guilty of conspiracy. However, she would be guilty if, before she spoke with Marcos, he bought them rubber gloves for the heist.
The best evidence for this defense would be a written or electronic record of your withdrawal, such as a text, email, voicemail, or video recording.
Violating 182 PC can be a felony or a misdemeanor depending on the crime you conspired to commit.
3. Penalties
California’s consequences for conspiracy turn on the crime you conspired to commit.
Conspiracy to commit a felony is a felony, and the court will impose the sentence for that underlying felony. If you conspired to commit more than one felony, the court would impose penalties for the felony with the most severe sentence.
Meanwhile, conspiracy to commit a misdemeanor is a wobbler. This means prosecutors can choose whether to prosecute it as a misdemeanor or a felony.
Both felonies and misdemeanors carry potential fines and terms of incarceration. Though it may be possible to get probation in some cases.7
Note that you can be convicted of conspiracy even if none of your other co-conspirators get charged or convicted. Plus if the crime you conspired to commit is attempted or accomplished, you would face charges for both conspiracy and the attempted or completed crime.
4. Immigration
If you are a non-citizen, conspiring to commit a deportable offense can result in you getting thrown out of the U.S. once you finish your sentence. Most deportable crimes are classified as:
- “crimes of moral turpitude” and/or
- aggravated felonies.”8
5. Expungements
Conspiracy cases can be expunged in California as long as you successfully complete your sentence. An expungement releases you from virtually “all penalties and disabilities” arising out of the conviction.
Once your case is expunged, it should be sealed from your record.9
6. Gun Rights
If you are convicted of conspiracy as a felony in California, you lose your gun rights for life. A misdemeanor conspiracy conviction should not affect your gun rights.10
Conspiracy convictions can be expunged once you complete probation or jail.
7. Related Offenses
Gang Sentencing Enhancement – 186.22b PC
Committing a felony for the benefit of a gang carries a mandatory prison sentence in addition and consecutive to the penalty for the underlying felony. Depending on the circumstances, this could mean 25-years-to-life in California State Prison.
Aiding and Abetting – 31 PC
It is a crime to encourage or aid in the commission of an offense. This means you could be charged with 31 PC if:
- you assisted a conspirator in an overt act but
- were not part of any agreement to commit a crime.
Accessory After the Fact – 32 PC
Being an accessory after the fact means harboring or aiding someone you know committed a felony in order to protect them from arrest or conviction. An example is hiding a criminal in your house from the police.
Attempt – 664 PC
You commit an attempt if you:
- specifically intended to commit a California crime and
- took at least one direct step toward committing that crime.
Like conspiracy, there must be some act in furtherance of the crime for an attempt to occur.
There are many possible ways to fight conspiracy charges in California, especially if there is no record of the agreement.
Additional Reading
For more in-depth information, refer to the following scholarly articles:
- Intracorporate Plurality in Criminal Conspiracy Law – Hastings Law Journal.
- The Origin and Development of Conspiracy to Defraud – American Journal of Legal History.
- Criminal conspiracy, injunctions and damage suits in labor law – The Journal of Legal History.
- Conspiracy, Concealment and the Statute of Limitations – The Yale Law Journal.
- Group Think: The Law of Conspiracy and Collective Reason – Journal of Criminal Law and Criminology.
Legal References:
- California Penal Code 182 PC.
(a) If two or more persons conspire:
(1) To commit any crime.
(2) Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime.
(3) Falsely to move or maintain any suit, action, or proceeding.
(4) To cheat and defraud any person of any property, by any means which are in themselves criminal, or to obtain money or property by false pretenses or by false promises with fraudulent intent not to perform those promises.
(5) To commit any act injurious to the public health, to public morals, or to pervert or obstruct justice, or the due administration of the laws.
(6) To commit any crime against the person of the President or Vice President of the United States, the Governor of any state or territory, any United States justice or judge, or the secretary of any of the executive departments of the United States.
They are punishable as follows:
When they conspire to commit any crime against the person of any official specified in paragraph (6), they are guilty of a felony and are punishable by imprisonment pursuant to subdivision (h) of Section 1170 for five, seven, or nine years.
When they conspire to commit any other felony, they shall be punishable in the same manner and to the same extent as is provided for the punishment of that felony. If the felony is one for which different punishments are prescribed for different degrees, the jury or court which finds the defendant guilty thereof shall determine the degree of the felony the defendant conspired to commit. If the degree is not so determined, the punishment for conspiracy to commit the felony shall be that prescribed for the lesser degree, except in the case of conspiracy to commit murder, in which case the punishment shall be that prescribed for murder in the first degree.
If the felony is conspiracy to commit two or more felonies which have different punishments and the commission of those felonies constitute but one offense of conspiracy, the penalty shall be that prescribed for the felony which has the greater maximum term.
When they conspire to do an act described in paragraph (4), they shall be punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine.
When they conspire to do any of the other acts described in this section, they shall be punishable by imprisonment in a county jail for not more than one year, or pursuant to subdivision (h) of Section 1170, or by a fine not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine. When they receive a felony conviction for conspiring to commit identity theft, as defined in Section 530.5, the court may impose a fine of up to twenty-five thousand dollars ($25,000).
All cases of conspiracy may be prosecuted and tried in the superior court of any county in which any overt act tending to effect the conspiracy shall be done.
(b) Upon a trial for conspiracy, in a case where an overt act is necessary to constitute the offense, the defendant cannot be convicted unless one or more overt acts are expressly alleged in the indictment or information, nor unless one of the acts alleged is proved; but other overt acts not alleged may be given in evidence.
CALCRIM No. 415 – Conspiracy. Judicial Council of California Criminal Jury Instructions (2024). - People v. Drolet (1973) 30 Cal.App.3d 207. See also People v. Toledo-Corro (1959) 174 Cal.App.2d 812. CALCRIM No. 415.
- People v. Yeager (1924) 194 Cal. 452. See also People v. Anderson (1949) 90 Cal.App.2d 326.
- See also: People v. Morante (1999) 20 Cal.4th 403, People v. Swain (1996) 12 Cal.4th 593, and People v. Liu (1996) 46 Cal.App.4th 1119; In re. JD (Cal.App. 2025) .
- Marino v. United States (1937) 91 F.2d 691.
- People v. Saugstad (1962) 203 Cal.App.2d 536. See also: People v. Zamora (1976) 18 Cal.3d 538, People v. Brown (1991) 226 Cal.App.3d 1361, and People v. Tatman (1993) 20 Cal.App.4th 1.
- See note 1.
- See INA 237 (a) (2) (A).
- California Penal Code 1203.4 PC.
- California Penal Code 29800 PC.