Conspiracy

Nevada Crime of Criminal Conspiracy (NRS 199.480)

A criminal conspiracy is an agreement between two people to commit a crime, even if the crime never actually takes place.

Depending on the crime two people agree to commit, the penalties can involve long prison sentences and expensive fines. You can also end up with one or more felony convictions on your record, which can impact your ability to get employed in the future, or worse.

Conspiracy is just as serious as any other Nevada crime and you should retain an experienced Las Vegas defense lawyer as soon as possible if you are arrested for conspiracy.

Which Las Vegas crimes can be “predicate” to the Nevada crime of conspiracy?

The crimes two people agree to commit in a conspiracy are called “predicate” crimes. These crimes include:

• Murder;
• Robbery;
• Sexual assault;
• Kidnapping;
• Racketeering;
• Arson; and
• Any other crime or unlawful act.

In rare cases, a conspiracy can also involve a legal act that is done for an illegal purpose.

Nevada does not require defendants to take any steps toward carrying out their plan to commit a crime. Simply making a plan is enough to support a conspiracy charge.

How is the crime of criminal conspiracy different under federal law? (18 USC 371)

Federal law requires an “overt” act done to further the purpose of the conspiracy before a criminal conspiracy crime can be charged. This means that the people who agreed to commit a crime must also do something to show that they are going to carry out the plan. This proof makes a federal conspiracy charge more difficult to prove than the Nevada crime of criminal conspiracy.Federal law has a separate crime for conspiracy to commit racketeering (18 USC 1962)

Sentencing for criminal conspiracy in Nevada

In most cases, criminal conspiracy is a Category B felony in Las Vegas. The penalties are different based on the crime the defendants agreed to commit. For example:

• Nevada crime of homicide: A criminal conspiracy to commit murder in Nevada is punishable by 2 to 10 years in a Nevada prison and fines of up to $5,000;
• Nevada crime of racketeering: A criminal conspiracy to commit racketeering can result in prison time from 5 to 20 years in prison on top of fines of $25,000;
• Robbery and other crimes against the person and the property: A criminal conspiracy to commit robbery, sexual assault, kidnapping, or arson carries 1 to 6 years in a Nevada prison.

A criminal conspiracy to commit any other crime (or lawful activity for an illegal purpose) is a gross misdemeanor. Nevada gross misdemeanors can result in one year in jail and $2,000 in fines.

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