In Colorado you can be prosecuted for conspiracy to commit virtually any crime. The penalty depends upon the crime you are alleged to have conspired to commit. Conspiracy laws are defined broadly. So much so that you can be prosecuted for violating conspiracy law even if you never ultimately commit or attempt to commit the crime at the center of the conspiracy. However, if you do commit or attempt to commit the crime you can be charged for both the conspiracy and the crime and the conspiracy to commit that crime.
Contact a Colorado criminal defense lawyer representing clients in Denver, CO today to schedule your initial consultation.
Conspiracy law can be applied to almost any underlying crime, not just drug-related offenses. Conspiring to commit a felony is always a felony. Under Colorado Revised Statute 18-2-206(1)—
- Conspiring to commit a class 1 felony is a class 2 felony (punishable by 8 to 24 years in prison);
- Conspiring to commit a class 2 felony is a class 3 felony (punishable by 4 to 12 years in prison);
- Conspiring to commit a class 3 felony is a class 4 felony (punishable by 2 to 6 years in prison);;
- Conspiring to commit a class 4 felony is a class 5 felony (punishable by 1 to 3 years in prison); and
- Conspiring to commit a class 5 or 6 felony is a class 6 felony (punishable by 12 to 18 months in prison).
If the underlying crime you are alleged to have committed is a drug felony then the following presumptive sentences will apply:
- Conspiracy to commit a level 1 drug felony is a level 2 drug felony (punishable by 8-32 years in prison);
- Conspiracy to commit a level 2 drug felony is a level 3 drug felony (punishable by 4-8 years in prison);
- Conspiracy to commit a level 3 drug felony is a level 4 drug felony (2-4 years in prison); and
- Conspiracy to commit a level 4 drug felony is a level 4 drug felony (6 to 12 months in prison).
Colorado law provides defines a criminal conspiracy as two or more persons entering an agreement for an unlawful purpose and taking at least one overt act in furtherance of the agreement.
If you would like to schedule an initial consultation, contact a Colorado criminal defense attorney, we represent clients in Denver, Colorado, and surrounding area. The Savela Law Firm, P.C. Give us a call at (303) 856-5700 or complete our inquiry form.
Specifically, the law defining conspiracy, C.R.S. 18-2-201(1) states:
A person commits conspiracy to commit a crime if, with the intent to promote or facilitate its commission, he agrees with another person or persons that they, or one or more of them, will engage in conduct which constitutes a crime or an attempt to commit a crime, or he agrees to aid the other person or persons in the planning or commission of a crime or of an attempt to commit such crime.
Despite the statute describing conspiracy so broadly there are several defenses that an experienced lawyer can use to win your case if you are being charged with conspiracy. These defenses include:
- There was no agreement to commit a crime;
- No overt acts were committed in furtherance of the criminal conspiracy; and
- Abandonment of the conspiracy prior to any act.
If you have been charged with being a member of a drug conspiracy a skilled Denver conspiracy attorney is essential. Get in touch with experienced Denver drug conspiracy defense attorneys Jason Savela and Ryan Dawson by filling out our online contact form or by calling (303) 856-5700.