Los Angeles Conspiracy Attorney

Conspiracy allegations are uniquely intimidating because the government can sweep many people into a single prosecution, sometimes long before any “target crime” is completed. Suppose you have discovered that you are under investigation, or have already been arrested, for conspiracy in Los Angeles. In that case, you need an advocate who knows how prosecutors build these criminal defense cases, where they overreach, and how to dismantle the narrative before it gains momentum. Kraut Law Group Criminal & DUI Lawyers, Inc. provides that strategic, experienced defense.

California Penal Code § 182 makes it a crime for two or more people to agree to commit any crime and for any one conspirator to perform an “overt act” that helps accomplish the plan. The statute covers an enormous range of conduct, from a quick shoplifting plot between friends to sophisticated schemes involving gangs, fraud rings, or alleged murder plots. Importantly, the overt act does not have to be criminal; buying a can of spray paint, renting a van, or drafting a business form can satisfy the requirement as long as it furthers the unlawful agreement.

• Agreement. A mutual understanding to commit a specific crime.
• Specific intent. Each conspirator must intend that the target offense be accomplished.
• Overt act. At least one conspirator takes a concrete step, however small, to advance the plan.
• Causation & venue. The overt act occurs in California (or, for Los Angeles prosecutions, within L.A. County).

The California Supreme Court emphasizes that “the essence of conspiracy is the agreement, not the act.” People v. Johnson (2013) 57 Cal.4th 250, 258. Therefore, a conspirator can be convicted even if they were nowhere near the crime scene, provided the People prove the unlawful agreement and an overt act.

• Multi-Defendant Gang and “Operation Safe Streets” Cases. Special units within the L.A. County District Attorney’s Office frequently file conspiracy counts alongside gang enhancements (Penal Code § 186.22) to elevate street-gang cases into life-threatening felony exposure. Because the overt act can be minuscule, lower-level associates can be charged based on texts, social-media “likes,” or a single ride-share trip.
• Drug Conspiracies. Even seemingly small drug-sales cases can become conspiracy prosecutions if officers intercept enough messages about pooling money for pills or dividing sales territories. In federal court, a comparable case might be charged under 21 U.S.C. § 846, but state conspiracy counts under § 182 can be just as severe and give local prosecutors greater leverage in plea negotiations.
• Fraud, Theft, and White-Collar Schemes. Insurance, comp, and pandemic-relief fraud task forces in Los Angeles increasingly rely on conspiracy to charge managers who never personally filed a false claim but allegedly coordinated the paperwork behind the scenes.
• Violent-Crime Conspiracies (Murder, Robbery, Home-Invasion). When a homicide is gang-related or involves more than one shooter, prosecutors often include conspiracy to commit murder. The California Supreme Court made clear in People v. Swain, 12 Cal.4th 593 (1996) that conspiracy to commit murder requires proof of an intent to kill, not merely implied malice. That nuance creates powerful defense opportunities when the evidence shows reckless behavior but not an explicit plan to take a life.

If the conspiracy targets a felony, the punishment is “the same manner and to the same extent” as the underlying felony. The maximum for conspiracies to commit misdemeanors is one year in county jail.

• Conspiracy to murder
  • Potential Sentence: 25 years to life (first-degree murder term)
  • Fine Exposure: Up to $10,000
• Conspiracy against certain public officials (e.g., the Governor)
  • Potential Sentence: 5, 7, or 9 years
  • Fine Exposure: Up to $10,000
• Identity-theft conspiracy
  • Potential Sentence: Same felony term as the underlying offense
  • Fine Exposure: Up to $25,000
• “Wobbler” target offense (e.g., grand theft)
  • Potential Sentence: Filed as felony or misdemeanor at the prosecutor’s discretion.
  • Fine Exposure: Up to $10,000

Because conspiracy is its offense, you can be convicted of both the conspiracy and the completed crime, doubling potential prison exposure. California’s Realignment Act (§ 1170(h)) means many non-violent conspiracies may now be served in county jail, but violent or serious felonies remain State Prison commitments.

• Felony conspiracies generally carry a three-year limitations period, but the clock does not start until the last overt act, which can be months or years after the original agreement.
• Venue is flexible: the District Attorney may file in any county where any overt act occurred, so acts in Hollywood, Long Beach, and San Bernardino could land the entire case downtown at the Clara Shortridge Foltz Criminal Justice Center.

Strategic defense sometimes involves proving that all purported overt acts occurred outside L.A. County, forcing prosecutors to re-file or risk dismissal.

• Attack the Agreement. If there was no meeting of the minds, there is no conspiracy. Ambiguous statements, sarcasm, or bravado in group chats often mask a lack of genuine agreement.
• Challenge the Overbroad Act. This shows that the act prosecutors rely on did not further the illegal goal or happen before any alleged agreement. If no statutory overt act exists, the case collapses.
• Withdrawal. A defendant who unequivocally communicated withdrawal to co-conspirators and took steps to thwart the crime cannot be convicted, even if others proceed. Evidence might include texts telling the group to “count me out” or return stolen property.
• Lack of Specific Intent. Following Swain, conspiracy to commit murder demands proof of intent to kill; reckless endangerment or implied malice theories are insufficient. Raising this distinction can secure dismissal or a reduction to attempted-crime charges.
• Mistake of Fact. If the defendant reasonably believed the planned conduct was lawful, such as complying with an arguably ambiguous business-licensing rule, the agreement was not to commit a crime.
• Entrapment and Government Over-Involvement. Undercover operations sometimes cross the line to induce an otherwise law-abiding person to commit a crime. Evidence that the government supplied critical materials or “badgered” the target strengthens an entrapment claim.
• Suppression Motions. Wiretaps, cell-site warrants, and social-media subpoenas are ordinary in conspiracy investigations. Illegally obtained communications or location data can be excluded, crippling the prosecution’s timeline.

Because conspiracy investigations frequently involve months of surveillance and subpoenaed records, there is often a window before prosecutors decide whether to arrest or indict. Our firm leverages that gap to:

• Present exculpatory evidence that detectives missed.
• Negotiate limited immunity or proffer arrangements for peripheral players.
• Argue for lesser, non-conspiracy charges (e.g., accessory, aiding, and abetting) that carry dramatically lower penalties.

Former Deputy District Attorney Michael Kraut spent 14 years inside the L.A. County District Attorney’s Office and understands precisely what facts sway filing deputies.

• Overt act required?
  • California § 182: Yes (except for certain narrow conspiracies)
  • Federal (18 U.S.C. § 371 / 21 U.S.C. § 846):
    • § 371: Yes
    • § 846: No
• Sentencing structure
  • California § 182: Mirrors target offense; some wobbler flexibility
  • Federal: Sentencing Guidelines; drug weight tables; mandatory minimums
• Venue
  • California § 182: Any county where the overt act occurred
  • Federal: Any federal district touched by the agreement or act
• Parole eligibility
  • California § 182: Generally, after completion of 50% (non-violent)
  • Federal: No parole in the federal system

Federal prosecutors often coordinate with local agencies; retaining counsel who can navigate both systems is critical to avoid “dual sovereignty” surprises.

• Decades of Inside Knowledge. Mr. Kraut’s tenure as a senior Deputy DA means he has worked with the same detectives, wiretap teams, and prosecutors that may now be arrayed against you.
• Trial-Tested Results. The firm has secured full acquittals and hung juries in high-profile, multi-defendant conspiracies involving narcotics, gang allegations, and financial crimes.
• Rapid Response Team. Within hours of engagement, we assemble former law-enforcement investigators, digital-forensics experts, and mitigation specialists.
• Client-Centered Communication. Detailed strategy sessions keep you in control; you are never left wondering, “What’s next?”

Q: “Is it a defense that I never benefited from the crime?”
No. Profit is not an element. The agreement itself, plus an overt act, creates liability.

Q: “Can they use my text messages if I deleted them?”
Often, yes. Carriers retain backups, and forensic tools can recover “deleted” data from phones and cloud accounts. Challenging the search warrant, however, may keep those texts out.

Q: “My friend took the plea bargain and is testifying, am I sunk?”
Not necessarily. Cooperators often receive favorable deals that juries distrust. Effective cross-examination can expose motives to lie and inconsistencies that undermine credibility.

The sooner you involve counsel, the more options you preserve. To schedule a confidential case evaluation with Kraut Law Group Criminal & DUI Lawyers, Inc., call (323) 464-6453 or (888) 334-6344 or use our online form.