Conspiracy in New Jersey

N.J.S.A. 2C:5-2 · Attempt & Conspiracy

What the law says

A person commits conspiracy when, with the purpose of promoting or facilitating a crime, the person agrees with another person or persons that they will engage in conduct constituting the crime, an attempt, or a solicitation, or agrees to aid in its planning or commission. The section also defines when conspiratorial relationships extend to other participants and when a person qualifies as a leader of organized crime.

Where this case is heard depends on how it's charged. We'll review your complaint and explain exactly which court you're in and what you face.

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:5-2, that means:

• The person acted with the purpose of promoting or facilitating the commission of a crime.
• The person agreed with another person or persons that they, or one or more of them, would engage in conduct constituting the crime, an attempt to commit it, or a solicitation to commit it.
• Alternatively, the person agreed to aid another person or persons in planning or committing the crime, an attempt to commit it, or a solicitation to commit it.
• For a conspiracy to commit a crime other than a crime of the first or second degree, or distribution or possession with intent to distribute a controlled dangerous substance or controlled substance analog as defined in chapter 35 of this title, an overt act in pursuance of the conspiracy must be proved to have been done by the defendant or a person with whom the defendant conspired.
• To establish that a person conspired with additional participants, the person must know that someone with whom the person conspired to commit the crime conspired with those additional participants to commit the same crime; the person need not know their identities.
• To establish that a person is a leader of organized crime, the person must purposefully conspire with others, as an organizer, supervisor, manager, or financier, to commit a continuing series of crimes constituting a pattern of racketeering activity under N.J.S. 2C:41-1.

How the charge is graded

Conspiracy is generally graded the same as the most serious crime that was the object of the conspiracy, under N.J.S.A. 2C:5-4.

Other rules that can matter

• A person who conspires to commit a number of crimes is guilty of only one conspiracy if the crimes are the object of the same agreement or continuous conspiratorial relationship.
• It is not a defense that one or more objectives of the conspiracy was not criminal, provided that one or more objectives, or the means of promoting or facilitating an objective, is criminal.
• Renunciation is an affirmative defense that the actor must prove by a preponderance of the evidence. The actor must, after conspiring to commit a crime, inform the authority of the existence of the conspiracy and the actor’s participation, and thwart or cause to be thwarted the commission of any offense in furtherance of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of criminal purpose as defined in N.J.S.2C:5-1d. An attempt as defined in N.J.S.2C:5-1 is not considered an offense for purposes of renunciation under this subsection.
• For purposes of N.J.S.2C:1-6d., conspiracy is a continuing course of conduct that terminates when the object crime or crimes are committed or the agreement is abandoned by the defendant and those with whom the defendant conspired.
• Abandonment is presumed for a crime other than one of the first or second degree if neither the defendant nor anyone with whom the defendant conspired does an overt act in pursuance of the conspiracy during the applicable period of limitation.
• If an individual abandons the agreement, the conspiracy is terminated as to that individual only when the individual advises those with whom the individual conspired of the abandonment or informs law enforcement authorities of the conspiracy and the individual’s participation.
• A conviction of leader of organized crime shall not merge with a conviction of any other crime constituting racketeering activity under 2C:41-1, notwithstanding 2C:1-8a. (2).
• As used in this section, “financier” means a person who provides money, credit, or a thing of value with the purpose or knowledge that it will be used to finance or support the operations of a conspiracy to commit a series of crimes constituting a pattern of racketeering activity. This includes, but is not limited to, purchasing materials used in crimes, buying or renting housing or vehicles, purchasing transportation for conspiracy members, or otherwise facilitating the crimes.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Showing there was no substantial step toward committing a crime
• Renunciation as an affirmative defense under N.J.S.A. 2C:5-1 and 2C:5-2
• Challenging the existence of an agreement in conspiracy cases
• Attacking informant and recorded-call evidence

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Conspiracy charge.

Related charges

• Criminal Attempt →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.