Solicitation to Commit a Crime Attorneys Passaic County, NJ
Protecting Clients’ Rights Across Paterson, Clifton, Wayne, Little Falls, West Milford, Woodland Park and Passaic County
Conspiracy or solicitation to commit a crime is essentially having knowledge of a crime ahead of time and either planning to commit or aid in that crime. If you have been charged with conspiracy, a conviction will generally lead to the same penalties as a conviction of the crime in question. Penalties often include prison time and heavy fines. For this reason alone, conspiracy and solicitation charges are extremely serious in New Jersey.
At The Law Office of Del Sardo & Montanari, our experienced criminal defense attorneys will work with the evidence being presented against you to seek reduced or dismissed charges as we have done for New Jersey clients across towns like Clifton, Paterson, Wayne, Woodland Park, West Milford, Little Falls and the greater Passaic County area. Rather than risk serious prison time and fines alone, lean on our knowledge of criminal law to protect your freedoms.
Call our office today for a free and confidential consultation regarding your conspiracy or solicitation criminal charges and to find how how we can best serve your needs.
Conspiracy N.J.S.A. 2C:5-2: Clifton, NJ Conspiracy and Solicitation Lawyers
Pursuant to the New Jersey Revised Statutes Section 2C:5-2 – Conspiracy, an individual may be charged with conspiracy and solicitation crimes when he or she:
- Has knowledge of and agrees to take actions to either commit a crime or solicit others into committing a crime
- Has knowledge and agrees to help other individuals to plan out or commit a crime or to solicit others into committing a crime
The conspiracy will be considered “terminated” if all of the following actions are taken. If all of the below actions are proven to have taken place AND no crime occurred, the offender may no longer be considered in violation of conspiracy and solicitation statutes.
- The crime(s) in question are either committed, or the agreement to commit the crimes is ended by the offender and the other individuals
- None of the individuals who were part of the conspiracy to commit a crime participate in any “overt act” towards committing or soliciting another to commit a crime during this period of time
- The offender abandons the conspiracy to commit a crime and informs law enforcement of the criminal activity and his or her part in that conspiracy.
In other words, conspiracy charges may be dropped if no crime is committed, no one attempts to commit a crime, and the offenders turn themselves in.
Wayne Solicitation Attorneys Define “Overt Act”
As per the N.J.S.A. 2C:5-2:
“No person may be convicted of conspiracy to commit a crime other than a crime of the first or second degree or distribution or possession with intent to distribute a controlled dangerous substance or controlled substance analog as defined in chapter 35 of this title, unless an overt act in pursuance of such conspiracy is proved to have been done by him or by a person with whom he conspired.”
Essentially there two distinct scenarios which may lead to charges of conspiracy or solicitation to commit a crime. The first scenario being when the offender is conspiring to commit a first degree crime, second degree crime, or any drug crime pertaining to possession with intent to distribute a controlled substance. The second scenario being a conspiracy or solicitation to commit a crime of any third or fourth degree crimes. This second type of conspiracy charge requires an overt act in order to convict.
An “overt act” refers to a concrete action which was taken with the intention of committing a crime as opposed to simply desiring and discussing committing a crime. An example of an overt act might be the purchase of a firearm which one was planning to use in a burglary or other violent crime.
Penalties for Conspiracy or Solicitation: Paterson, NJ Criminal Defense Attorneys
Convictions of conspiracy or solicitation to commit a crime carry the same penalties as the crimes which were conspired to commit. In other words, conspiring to commit second degree aggravated assault may lead to the same punitive measures as actually committing second degree aggravated assault. There are a handful of exceptions and special regulations, including:
- Conspiracy or solicitation to commit first degree crimes will generally be penalized as second degree, not first degree crimes
- Those found guilty of organized crime may be charged with second degree conspiracy
- Conspiracy or solicitation to commit arson or aggravated arson may lead to conspiracy charges of the first degree
Maximum sentences can range all the way up to 30 years in state prison and fines up to $200,000. However, with the help of an experienced criminal defense attorney, it is unlikely your charges will result in such extreme punitive measures.
Contact our Woodland Park Solicitation Lawyers Today
The criminal defense lawyers of Del Sardo & Montanari understand that while conspiracy and solicitation charges carry severe consequences, they can also be difficult for prosecutors to prove. We have extensive experience protecting the legal rights of New Jersey clients charged with conspiracy in towns like Clifton, Woodland Park, Wayne, Paterson, West Milford, Little Falls and all of Passaic County. Our legal team will work with the details of your case to seek reduced or even dismissed charges so you can move on with your life.
Contact us online or call our Woodland Park offices at (973) 233-4396 today for a free and confidential consultation regarding your conspiracy or solicitation charges and to find out how we can best serve your individual needs.