Legal Question in Criminal Law in California
Conspiracy to Commit Murder
What constitutes a conspiracy to commit murder? Can someone be arrested for having homocidal thoughts and telling a friend about them over the internet?
2 Answers from Attorneys
Re: Conspiracy to Commit Murder
Merely having such thoughts and telling someone else about them is not a crime. However, if the purpose of telling the other person is to secure his help in committing the homicide then you may be guilty of attempted murder.
To actually have a conspiracy there would have to be an agreement (though not necessarily an express agreement) to commit the crime, plus some action taken by at least one of the conspirators to carry out the plan.
Re: Conspiracy to Commit Murder
Conspiracy to commit murder consists of an agreement between two or more persons to commit the murder. It can be a tacit, unspoken agreement. To be convicted of conspiracy, one of the co-conspirators must have taken a substantial step toward its commission. However, that step can be quite innocuous in and of itself.
Call or e-mail if you want to talk specifics and I can help you more. Good luck.
JACQUELINE GOODMAN RUBIO
www.californiadefenselawyer.net
714.879.5770
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