David A. Cmelik Law PLC
Cedar Rapids DUI Lawyer and Criminal Defense Attorney
311 Third Avenue SE Suite 308
Cedar Rapids, IA
319-389-1889
Cedar Rapids Criminal Lawyer: What is an Iowa criminal conspiracy?
A person commits conspiracy with another if, with the intent to promote or facilitate the commission of a crime which is an aggravated misdemeanor or felony, the person does either of the following:
A. Agrees with another that they or one or more of them will engage in conduct constituting a crime or an attempt or solicitation to commit the crime.
B. Agrees to aid another that they or one or more of them will engage in conduct constituting the crime or an attempt or solicitation to commit the crime.
2. It is not necessary for the conspirator to know the identity of each and every conspirator.
3. A person shall not be convicted of conspiracy unless it is alleged and proven that at least one conspirator committed an overt act evidencing a design to accomplish the purpose of the conspiracy by criminal means.
4. A person shall not be convicted of conspiracy if the only other person or persons involved in the conspiracy were acting at the behest of or as agents of a law enforcement agency in an investigation of the criminal activity alleged at the time of the formation of the conspiracy.
Locus of Conspiracy
A person commits a conspiracy in any county where the person is physically present when the persons makes such agreement or combination, and in any county where the person with whom the person makes such agreement or combination is physically present at such time, whether or not any of the other conspirators are also present in that county or in this state, and in any county in which any criminal act is done by any person pursuant to the conspiracy, whether or not the person is or has ever been present in such county; provided, that a person may not be prosecuted more than once for a conspiracy based on the same agreement or combination.
Penalties
1. A person who commits a conspiracy to commit a forcible felony is guilty of a Class "C" felony.
2. A person who commits a conspiracy to commit a felony, other than a forcible felony, is guilty of a Class "D" felony.
3. A person who commits a conspiracy to commit a misdemeanor is guilty of a misdemeanor of the same class.
Have you been arrested or indicted for conspiracy to commit a crime in the State of Iowa? Contact us for a free initial consultation to discuss your best options.